Guide verification
What we verified in “VAWA: your housing if you face domestic violence or stalking”
This page is the guide’s verification record. Every statement with a rule, a figure or a date appears with the official source behind it, the exact place inside that source and the day we checked it. If a rule changes, we update the guide, this list and the date.
40 checked statements Verified on October 31, 2026 15 official sources
Statements and where we checked them
The statements with rules, figures or dates, with the exact place in the source and the date we checked them.
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According to HUD, the Violence Against Women Act (VAWA) is a federal law that, in part, provides housing protections for people applying for or living in federally subsidized units who have experienced domestic violence, dating violence, sexual assault or stalking, to help keep them safe and reduce their likelihood of homelessness; it protects all survivors, who do not have to be married to, related to or living with the perpetrator, and it does not matter how long ago the violence happened.
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Under HUD's regulation (24 CFR §5.2001), despite the law's title, the protections are not limited to women: they cover victims of domestic violence, dating violence, sexual assault and stalking regardless of sex, gender identity or sexual orientation.
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Under HUD's regulation (24 CFR §5.2003), domestic violence includes felony or misdemeanor crimes of violence by a current or former spouse or intimate partner, by someone with whom the victim shares a child, or by someone who lives or lived with the victim as a partner; dating violence is violence by someone who is or was in a romantic or intimate relationship with the victim; sexual assault is any nonconsensual sexual act prohibited by law; and stalking is a course of conduct aimed at a specific person that would make a reasonable person fear for their safety or the safety of others, or suffer substantial emotional distress.
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Under HUD's regulation (24 CFR §5.2003), covered HUD programs include, among others, public housing; Section 8 vouchers and project-based Section 8 assistance; Section 202 Supportive Housing for the Elderly and Section 811 Supportive Housing for Persons with Disabilities; HOPWA; HOME; homeless programs such as Emergency Solutions Grants and Continuum of Care; Section 221(d)(3) and Section 236 multifamily housing; and the Housing Trust Fund.
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Under the statute (34 U.S.C. §12491), covered programs also include, among others, certain rural housing assistance (42 U.S.C. §§1484, 1485, 1486, 1490m, 1490p-2 and 1490r), the low-income housing tax credit (LIHTC) and several housing programs for homeless veterans.
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According to HUD, on September 12, 2024, HUD, the Department of Agriculture, the Treasury, the Department of Veterans Affairs and the Department of Justice issued an Interagency Statement on VAWA's housing provisions, which outlines the programs included and the rights of survivors.
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Under the statute (34 U.S.C. §12491) and HUD's regulation (24 CFR §5.2005), an applicant for or tenant of covered housing may not be denied admission or assistance, terminated from participation or evicted because they are or have been a victim of domestic violence, dating violence, sexual assault or stalking, if they otherwise qualify.
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Under the statute (34 U.S.C. §12491), an actual or threatened incident of domestic violence, dating violence, sexual assault or stalking is not a serious or repeated violation of the victim's lease, nor good cause to end the victim's assistance or tenancy.
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Under the statute (34 U.S.C. §12491), no one may deny a tenant assistance, tenancy or occupancy rights solely because of criminal activity directly related to that violence committed by a household member, a guest or another person under the tenant's control, if the tenant or an affiliated individual is the victim or threatened victim.
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Under the statute (34 U.S.C. §12491), an 'affiliated individual' is the person's spouse, parent, sibling or child, or someone for whom the person stands in place of a parent; or any individual, tenant or lawful occupant living in the person's household.
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Under HUD's regulation (24 CFR §5.2005(d)), VAWA does not stop an eviction or termination for a violation not based on the violence, but you cannot be held to a more demanding standard than other tenants; it also allows eviction if the provider can show an actual and imminent threat to other tenants or staff, and only when no other action could reduce the threat, such as transferring the victim, barring the perpetrator or asking for more police presence; and the provider still follows court orders, including protection orders.
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Under HUD's regulation (24 CFR §5.2005(a)), the housing provider must give you the 'Notice of Occupancy Rights under the Violence Against Women Act' and the certification form when you are denied assistance or admission, when you are admitted, and with any eviction notice or notice ending your assistance; both must be available in multiple languages.
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According to HUD, the notice of rights is Form HUD-5380 and the self-certification is Form HUD-5382; HUD also publishes the model emergency transfer plan (HUD-5381) and the emergency transfer request (HUD-5383), and translated versions of those forms are available.
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According to HUD's notice (Form HUD-5380), VAWA protections may be raised at any time, and you do not need to know the type or name of the program you are in or applying to.
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Under HUD's regulation (24 CFR §5.2007), if you say you are a victim, the provider may ask you in writing to document it; if you do not provide documentation within 14 business days after receiving that written request, the provider may deny the protection, although it may give more time; and you choose which document to submit: the certification form; a document signed by you and by an employee, agent or volunteer of a victim service provider, an attorney, or a medical or mental health professional who helped you, stating under penalty of perjury that they believe the incident occurred; a police, court or administrative agency record; or, at the provider's discretion, your own statement or other evidence.
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Under HUD's regulation (24 CFR §5.2007), if the provider receives documents with conflicting information, for example forms from two household members each naming the other, it may require third-party documentation (from a professional, an official record or, if it allows, other evidence) within 30 calendar days; and nothing requires the provider to ask you for documentation at all.
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According to HUD, a survivor must be able to provide proof by self-certifying with Form HUD-5382, and not be required to provide more proof unless the provider has conflicting information.
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According to Form HUD-5380, you or someone else can fill out the self-certification form; it is your choice which document to provide; the provider must accept any one of the allowed documents and cannot require more than one unless it receives conflicting information; and if you do not provide one by the deadline, the provider does not have to give you the protections you requested.
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Form HUD-5382 asks for the victim's name, the names of other household members, the perpetrator's name only if known and safe to disclose, and the safest way to contact you (by phone, email or mail, marking whether it is safe to leave a message); by signing it you certify that the information is true and correct to the best of your knowledge and recollection; and it says you cannot be asked or required to prove victim status other than as described in Form HUD-5380.
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Under HUD's regulation (24 CFR §5.2007(c)), all information you submit, including the fact that you are a victim, is kept in strict confidence: it is not entered into any shared database or given to anyone else, unless you request or consent to it in writing for a limited time, it is needed in an eviction or termination hearing, or another law requires it.
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According to Form HUD-5382, the provider should keep information about the violence securely and separately from your other tenant files, and must keep your address strictly confidential so that it is not disclosed to the person who committed or threatened the violence against you or a household member.
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Under HUD's regulation (24 CFR §5.2009(a)), the provider may divide the lease (bifurcation) or remove a household member from it in order to evict or end assistance to the person who commits criminal acts directly related to the violence, whether or not that person signed the lease, without evicting or penalizing the victim who is also a tenant or lawful occupant; and it must follow federal, state or local law and program procedures.
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According to HUD, a survivor can ask the owner or landlord for a lease bifurcation to remove the perpetrator from the lease or unit, and if the provider bifurcates, it must follow applicable federal, state or local laws and the HUD program's requirements.
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Under HUD's regulation (24 CFR §5.2009(b)), if the evicted person was the one who qualified for the program, the provider must give the remaining tenants 90 calendar days from the bifurcation to establish eligibility for the same or another covered program, or to find other housing; the period does not apply where the program statute prohibits it, does not run past the lease's end unless program rules allow, and the provider may extend it by up to 60 more calendar days; each program's rules may set different time frames.
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According to Form HUD-5380, in the Housing Choice Voucher, project-based voucher and public housing programs, if the person removed was the only tenant who had established eligible citizenship or immigration status, the remaining members get 30 calendar days from the bifurcation to establish eligibility or find other housing; in HUD-VASH, if the veteran is removed, the family can keep receiving assistance; in Section 202 and 811 with a PRAC, they get 90 days or until the lease expires, whichever is first; in Section 236 and project-based Section 8, 30 days; and in HOPWA, 90 days to one year.
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Under HUD's regulation (24 CFR §5.2005(e)), the emergency transfer plan must let a tenant who is a victim transfer if they expressly request it and reasonably believe they face a threat of imminent harm from further violence if they stay in the same unit; a victim of sexual assault also qualifies if the assault happened on the premises within the 90 calendar days before the request.
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According to Form HUD-5380, the 90 days after a sexual assault include holidays and weekends; you can request a transfer even if you are not lease compliant, for example if you owe rent; your request, the information you gave and your new unit's location must be kept strictly confidential; and a transfer cannot be guaranteed.
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Under HUD's regulation (24 CFR §5.2005(e)), every provider must adopt an emergency transfer plan based on HUD's model; the plan must keep your new location strictly confidential, allow an internal transfer when a safe unit is immediately available, let you seek internal and external transfers at the same time if one is not, describe how tenants with tenant-based assistance such as a voucher can move quickly with it, and be available on request. A 'safe unit' is one the victim believes is safe.
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Under HUD's regulation (24 CFR §5.2005(e)(10)), your written request certifying that you meet the conditions is enough for an emergency transfer; the provider may ask you to document the violence as in any other case, if you have not already, and no other documentation may be required.
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According to HUD, if you have a Section 8 Housing Choice Voucher you must be allowed to move with continued assistance, and you can request an emergency transfer for safety reasons related to the violence.
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Form HUD-5383 is used to request an emergency transfer and certify that you qualify; among other things it asks for the address you want to leave, who would move with you, the safest way to contact you and the features of a safe unit, such as a new neighborhood or building, a first-floor or upper-floor unit, near an exit, well-lit hallways, 24-hour security or an accessible unit; it says the provider should not evaluate whether you are in good standing, and that submitting it does not necessarily mean you will get a transfer.
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According to HUD's forms, if you speak or read a language other than English, the provider must give you language assistance about your VAWA protections, such as oral interpretation or written translation; and translated forms are available on HUD's site.
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According to HUD's forms, if you have a disability the provider must make reasonable accommodations to rules, policies, practices or services so you can benefit equally from VAWA protections, for example more time to submit documents or help filling out forms; and you can ask at any time, even for the first time during an eviction.
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Under the statute (34 U.S.C. §12494), no public housing agency or owner or manager of covered housing may discriminate against a person for opposing something this law makes unlawful or for taking part in a related matter, or coerce, intimidate, threaten, interfere with or retaliate against anyone for exercising these rights or helping someone else exercise them.
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According to HUD, if you believe your VAWA rights were violated you can file a complaint with its Office of Fair Housing and Equal Opportunity (FHEO), which offers information in multiple languages and instructions for filing online, by email, by mail or by phone; while HUD updates its form, you can use the current form and explain in the narrative section why you believe your rights were violated; and retaliating against someone who files a complaint is unlawful.
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Under HUD's regulation (24 CFR §5.2011), these rules do not override any federal, state or local law that gives victims greater protection, and all fair housing and civil rights laws apply.
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According to the Justice Department's Office on Violence Against Women, if you are in immediate danger you should call 911; and national hotlines can connect victims with local services: the National Domestic Violence Hotline, 1-800-799-7233, and the National Sexual Assault Hotline, 1-800-656-4673.
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Under Legal Services Corporation regulations (45 CFR §1626.4), legal aid programs it funds may help a noncitizen who has been battered or subjected to extreme cruelty, or who is a victim of sexual assault or trafficking in the United States, and that help can include protective orders, custody, support and housing.
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The Legal Services Corporation (LSC) has a search tool: you enter an address or city and it shows an LSC-funded legal aid organization near you.
Sources
Each source on one line: who publishes it, its title, its address and the date we read it.
- 1. HUD · Violence Against Women Act (VAWA) · hud.gov · Accessed October 31, 2026
- 2. U.S. Congress (text at Cornell LII) · 34 U.S.C. §12491, Housing protections for victims of domestic violence, dating violence, sexual assault, and stalking · law.cornell.edu · Accessed October 31, 2026
- 3. U.S. Congress (text at Cornell LII) · 34 U.S.C. §12494, Prohibition on retaliation · law.cornell.edu · Accessed October 31, 2026
- 4. HUD (Code of Federal Regulations, text at eCFR) · 24 CFR §5.2001, Applicability (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking) · ecfr.gov · Accessed October 31, 2026
- 5. HUD (Code of Federal Regulations, text at eCFR) · 24 CFR §5.2003, Definitions · ecfr.gov · Accessed October 31, 2026
- 6. HUD (Code of Federal Regulations, text at eCFR) · 24 CFR §5.2005, VAWA protections · ecfr.gov · Accessed October 31, 2026
- 7. HUD (Code of Federal Regulations, text at eCFR) · 24 CFR §5.2007, Documenting the occurrence of domestic violence, dating violence, sexual assault, or stalking · ecfr.gov · Accessed October 31, 2026
- 8. HUD (Code of Federal Regulations, text at eCFR) · 24 CFR §5.2009, Remedies available to victims of domestic violence, dating violence, sexual assault, or stalking · ecfr.gov · Accessed October 31, 2026
- 9. HUD (Code of Federal Regulations, text at eCFR) · 24 CFR §5.2011, Effect on other laws · ecfr.gov · Accessed October 31, 2026
- 10. HUD · Notice of Occupancy Rights under the Violence Against Women Act (Form HUD-5380) · hud.gov · Accessed October 31, 2026
- 11. HUD · Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking (Form HUD-5382) · hud.gov · Accessed October 31, 2026
- 12. HUD · Emergency Transfer Request for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking (Form HUD-5383) · hud.gov · Accessed October 31, 2026
- 13. U.S. Department of Justice, Office on Violence Against Women (OVW) · Local Resources · justice.gov · Accessed October 31, 2026
- 14. Legal Services Corporation (Code of Federal Regulations, text at Cornell LII) · 45 CFR §1626.4, Aliens eligible for assistance under anti-abuse laws · law.cornell.edu · Accessed October 31, 2026
- 15. Legal Services Corporation (LSC) · I Need Legal Help · lsc.gov · Accessed October 31, 2026