Fair Housing for Domestic Violence Victims

What You Need to Know About Fair Housing for Domestic Violence Victims

Victims of domestic violence throughout the United States often face constant threats of abuse and poverty. For many of these victims, they may also face the prospect of losing their home as a form of retaliation or by discriminatory acts taken against those seeking protection. Countless efforts have been made in recent years to reduce the number of domestic violence victims discriminated against in the search for fair housing. Here’s everything you need to know about fair housing for domestic violence victims.

Loss of Housing

Domestic violence and housing insecurity are undeniably interwoven with one another. According to statements made by the National Network to End Domestic Violence (NNEDV), one of the main barriers faced by many domestic violence survivors is safe and affordable housing upon leaving their abusive partner. Furthermore, this article also states that domestic violence is one of the leading causes of homelessness for women and their children.

A loss of safe and guaranteed housing is a threat faced by many victims of domestic violence, which may result from a number of factors. For example, many victims of domestic violence are also victims of financial abuse, meaning they may not have the means to access their family finances, have been prohibited from working, or have had their credit scores ruined by their abusive partner. Furthermore, many victims may also be limited in where to seek possible shelter as a result of their own safety and confidentiality needs, or due to housing assistance programs inadvertently excluding victims of violence.

Fair Housing Act (FHA) Violations

The efforts and provisions under the federal Fair Housing Act state that it is illegal to discriminate in the sale of housing or rental against a person based on their race, sex, disability, or familial status. This act, in addition to many others, aims at taking reasonable steps for ensuring fair housing and meaningful access to programs and services.

According to a 2016 report by the U.S. Department of Justice, the Department of Housing and Urban Development issued legal guidance to help local authorities and housing providers protect residents. This guidance was intended to address any potential violations against the Fair Housing Act, especially when nuisance abatement ordinances and crime-free lease provisions are enforced against domestic violence victims. These types of ordinances and provisions typically seek to sanction property owners for excess emergency services calls or other actions that may be deemed applicable to victims of domestic violence.

Examples of Discrimination That May Be Illegal

There are numerous examples that may fall under the category of illegal discrimination based solely on being a victim of domestic violence. Some examples of activities or actions that may be clearly illegal include:

A landlord or public housing authority learning that an inquiring tenant has experienced domestic violence in the past, and rejects their application for tenancy
A landlord suddenly learning of a tenant’s abusive relationship and treating them with different rules not applied to other tenants
An individual being abused by an intimate partner and their landlord seeks to evict them right after
An individual having their housing voucher terminated by public housing authority after filing a police notification that protection is needed from a domestic violence situation

If you are in danger, please use a safe and secure computer or call a local hotline. The U.S. National Domestic Violence Hotline is 1-800-799-7233 and TTY 1-800-787-3224, or call 911 if it is safe to do so.

FAQs About Fair Housing for Domestic Violence Victims

What are some potential steps I can take to protect myself as a victim of domestic violence?

Some of the most important steps you can take are to secure yourself and your family. If possible, report abuse to the police and seek assistance from a domestic violence shelter or social service provider. You can also request a transfer to another unit or building if you live in a multi-unit complex. Additionally, you can request for continuation of services or assistance if you receive Section 8 assistance.

How can I protect my rights under the Fair Housing Act?

There are several courses of action you can take to ensure your rights are being protected. Three of the most important ways you can proceed if you feel that you have been a victim of housing discrimination are (1) make a complaint to your landlord or housing authority, (2) file a complaint with the United States Department of Housing and Urban Development, or (3) bring your suit to court, possibly with the consultation of an experienced attorney before doing so.

Contact Us

If you or a loved one has any more questions about fair housing for domestic violence victims, contact us. Get your free consultation with one of our California Domestic Violence Attorneys today! We’re on your side.