Fair Housing Rights for Victims of Domestic Violence
Fair Housing Rights for Victims of Domestic Violence
Victims of domestic violence are shielded from housing discrimination by the Fair Housing Act, the Violence Against Women Act, and North Carolina's Landlord-Tenant laws. These protections cover both private rentals and subsidized housing, including public housing and Section 8 housing. However, the Violence Against Women Act's protections are exclusive to subsidized housing.
In general, these legal protections apply in the following scenarios:
- When a landlord attempts to evict a tenant due to domestic violence.
- When a landlord refuses to rent to someone because they are a victim of domestic violence.
- When a tenant seeks to terminate a lease early because of domestic violence.
- When a tenant requests the removal of the abuser from the lease.
The following is a summary of the specific legal protections available to survivors of domestic violence. For further information about your legal rights, contact the Fair Housing Project of North Carolina via email info@fairhousingnc.org or toll-free at 855-797-3247.
1. Fair Housing Protections for Victims of Domestic Violence
The Fair Housing Act (FHA) prohibits discrimination in the sale, rental, or financing of dwellings and other housing-related activities based on race, color, religion, sex, disability, familial status, or national origin. While "domestic violence" is not explicitly listed as a protected class under the FHA, it has been used to protect survivors. Claims by domestic violence survivors may involve other protected classes, such as race, national origin, or disability.
Under the FHA, landlords must treat male and female tenants equally. For instance, if a landlord generally does not evict victims of violent crimes but does evict women who are being abused, this could constitute illegal sex discrimination under the FHA. Other discriminatory practices that might violate the FHA include:
- Refusing to rent to a female domestic violence survivor.
- Charging a higher security deposit to a female domestic violence survivor on the assumption of increased property damage.
- Evicting a female domestic violence survivor while allowing her abuser to remain in the housing.
Policies that disproportionately deny housing to female domestic violence survivors may also violate the FHA, as the majority of survivors are women. Examples include:
- Evicting a tenant who is a victim of domestic violence under "zero tolerance" policies.
- Evicting a tenant for repeated calls to the police for domestic violence incidents due to "noise" disturbances reported by other tenants.
- Evicting a tenant because of property damage caused by the abuser.
2. Protections for Victims of Domestic Violence under North Carolina’s Landlord-Tenant Laws
North Carolina’s landlord-tenant laws prohibit landlords from:
- Terminating a lease.
- Failing to renew a lease.
- Refusing to enter into a new lease.
- Retaliating against a tenant for being a victim of domestic violence.
Tenants can assert their rights under these laws as a defense against eviction or by filing a complaint in court. In North Carolina, domestic violence victims are entitled to have their locks changed by the landlord and to terminate a lease early without financial penalty. See N.C. Gen. Stat. §§ 42.3, 42-45.1.
3. Protections under the Violence Against Women Act (VAWA)
Congress has recognized that women and families nationwide face discrimination in housing due to their status as domestic violence victims. VAWA applies to many subsidized housing programs in North Carolina, including Public Housing, Housing Choice (Section 8) Vouchers, Project-Based Section 8 Housing, Low Income Housing Tax Credit properties, and USDA Rural Development housing.
VAWA protects victims of domestic violence, dating violence, sexual assault, and stalking, including immediate family members and household members. It also protects victims on tribal lands and LGBTQ+ and immigrant victims.
Under VAWA, housing providers cannot:
- Deny an applicant admission into housing because of domestic violence.
- Terminate a survivor’s housing assistance because of domestic violence.
- Evict a survivor due to domestic violence or related criminal activities unless there is an imminent threat to others if the survivor remains.
If the abuser is on the lease, the housing provider may evict the abuser while allowing the survivor to stay. Covered housing providers must issue a Notice of Occupancy Rights under VAWA (Form HUD-5380) to tenants threatened with eviction, informing them of their protections. Survivors may also request an emergency transfer to a new unit under VAWA.
Adapted from fairhousingnc.org