The Violence Against Women Act (VAWA) is a key piece of HOM’s housing process, providing crucial protections for survivors participating in federally assisted housing programs. VAWA ensures that individuals cannot be denied housing, lose their housing assistance, or face discrimination because of their status as survivors. 

Every year, millions of people experience domestic violence, dating violence, sexual assault, or stalking — circumstances that often lead to housing instability or homelessness. At HOM, we recognize that having a safe and stable home is essential to healing and rebuilding after abuse. 

VAWA: An Overview 

Enacted in 1994 as part of the Violent Crime Control and Law Enforcement Act, VAWA marked a major step in addressing gender-based violence. Reauthorized in 2000, 2005, 2013, and 2022, it now includes protections against sexual assault, stalking, and housing discrimination. 

VAWA’s housing provisions prevent survivors from losing housing or assistance due to abuse, recognizing that violence often leads to homelessness. 

VAWA protects survivors from housing discrimination, while HOM helps them navigate resources and secure a safe place to heal and rebuild.

The law applies to HUD programs like Housing Choice Vouchers, Public Housing, HOPWA, HOME, and includes Continuum of Care (CoC) and Emergency Solutions Grants (ESG) programs, covering all tenants and applicants regardless of gender, age, or marital status. covering all tenants and applicants regardless of gender, age, or marital status.  

For HOM participants, VAWA supports the mission of providing stable homes and ensures survivors in HUD-funded programs aren’t denied housing or evicted because of abuse, reinforcing HOM’s commitment to vulnerable families and veterans. 

Tenant Responsibilities as a HOM Participant

Upon placement, HOM provides you with the HOM VAWA Rights Notice and VAWA-HUD Certification Forms (HUD-5380 and HUD-5382). These documents outline your rights under VAWA, ensuring you understand that victimization from domestic violence, dating violence, sexual assault, or stalking won’t lead to eviction or loss of assistance.  

However, you must fulfill specific duties under VAWA: 

• Acknowledge Forms: Review and understand the provided VAWA forms, which detail your protections and responsibilities. 
• Provide Verification: If you claim VAWA protections, you may need to submit verification within 14 business days if HOM or a property manager requests it. 
• Maintain Lease Compliance: While VAWA protects against eviction due to abuse, you must avoid unrelated lease violations (e.g., property damage) and ensure your actions don’t pose an imminent threat to others. 
• Communicate Safety Needs: Promptly inform HOM or property managers about safety concerns to access protections like emergency transfers. 

By meeting these responsibilities, you help HOM maintain a supportive environment while leveraging VAWA to ensure your safety. 

In a supportive community, survivors gain tools to move forward.

VAWA Protections for Housing Participants 

VAWA offers robust protections to ensure survivors in HOM’s programs can maintain housing stability: 

No Eviction for Victimization 

A survivor of domestic violence, dating violence, sexual assault, or stalking will not face eviction or loss of assistance because of those incidents. 

Lease Bifurcation 

HOM, owners, or property managers can split a lease to evict a perpetrator while allowing you and other household members to stay. If the evicted person was the only eligible tenant, you’re given reasonable time (30-90 days, depending on the program) to establish eligibility or find new housing. 

Emergency Transfers 

If you face imminent harm or experienced a sexual assault on the premises within 90 days, you can request an emergency transfer to a safer unit. HOM maintains a confidential VAWA emergency transfer plan, available upon request. 

VAWA protections help families stay safely housed, allowing parents and children to focus on healing and rebuilding their lives.

Exception for Imminent Threats 

Eviction is possible if you pose an “actual and imminent threat” to others (e.g., physical danger likely to cause serious harm), based on factors like risk severity and likelihood. However, this is a last resort, and other solutions are prioritized. 

These protections integrate seamlessly with HOM’s voucher administration, ensuring you can access safe housing transitions and support services tailored to your needs. 

Verification of Domestic Violence and Related Processes 

You have three options to verify an incident: 

1. HUD-Approved Form (HUD-5382): Complete a self-certification form, provided by HOM, detailing the incident and naming the perpetrator (if safe to disclose).
2. Third-Party Documentation: Submit a signed statement from a victim service provider, attorney, or medical professional who assisted you, attesting to the abuse’s authenticity. You must also sign this document. 
3. Official Records: Provide a police report, court order, or similar record documenting the incident.