If you are applying for federally subsidized housing or a Section 8 voucher, a landlord, property manager, or housing agency cannot deny you housing because you survived domestic violence, dating violence, stalking or sexual assault. The federal law is called the Violence Against Women Act (VAWA). It does not apply to private landlords who get paid market-rate housing.
If you believe that you have been denied federally subsidized housing or a Section 8 voucher because of reasons related to domestic violence, you can challenge the denial by submitting a form to the property manager or landlord saying that you are protected by VAWA. Click to get this form in English and in other languages. Or you can also submit your own letter and do not have to use this form.
A landlord or agency providing the Section 8 voucher may ask you for proof that you are a survivor of violence. The landlord or housing agency must give you at least 14 business days (weekends and holidays do not count) to provide proof of the violence. In addition to the form listed above, you may provide a letter signed by a victim service provider, attorney, or medical or mental health professional who has helped you with the abuse. Or you may provide a police report, court record (such as a restraining order), or record from an agency hearing.
In addition, if you are denied federally subsidized housing or Section 8 for reasons related to domestic violence, dating violence, stalking or sexual assault you can also immediately appeal the denial under the rules of the specific housing program. For more about these rules see this article on survivors applying for public housing.
I applied for a federally subsidized apartment. Can they reject me?
A housing authority cannot refuse to rent to you because you are a survivor of abuse. You can still get a federally subsidized apartment even if you:
- Have a criminal record because of the abuse, or
- Were evicted because of the abuse.