VIOLENCE AGAINST WOMEN ACT

Changes to VAWA allow victims of domestic violence to bifurcate (split) their Section 8 assistance from their abusers’

A new provision of the Violence Against Women Act (VAWA) has amended the Section 8 program to allow NYCHA to split the Section 8 assistance to terminate assistance to the abuser while continuing Section 8 assistance to the victim and other non-offending household members.  The landlord may split the lease to evict the abuser while protecting the victim and other household members from eviction.

The changes to VAWA also prohibit NYCHA from evicting a victim or denying a victim Section 8 assistance solely because of the fact that he or she is a victim.  Please note that NYCHA can still evict victims or deny victims assistance for other reasons (e.g. failure to pay rent) not based on their victimization.

Bifurcating (splitting) the Section 8 Assistance:

• NYCHA may split the Section 8 assistance to terminate assistance to a tenant or lawful occupant who engages in criminal acts of physical violence against family members or others.
• If NYCHA splits the Section 8 assistance, the victim of the violence who is also a tenant or lawful occupant and other lawful occupants would continue to receive assistance and NYCHA may not otherwise punish them.

Bifurcating (splitting) the Lease:

• A landlord may split the lease to evict a Section 8 tenant or lawful occupant who engages in criminal acts of physical violence against family members or others.
• If the landlord splits the lease, the victim of the violence who is also a tenant or lawful occupant and other lawful occupants would not be evicted, and the landlord may not otherwise punish them.

Verification of Status as Victim:

The landlord or NYCHA may ask a person to verify that he or she is a victim of domestic violence, dating violence, or stalking and that the incidents in question are real incidents or threatened abuse. To verify a person’s status as a victim he or she may provide one of the following:

• A completed HUD-approved certification form (Form 50066)

OR

• A police record or court record describing the incident(s) in question

OR

• Documentation by an employee, agent, or volunteer of a victim service provider, an attorney, or a medical professional, from whom the victim has sought assistance in addressing the effects of the abuse.  The professional must sign and confirm, under penalty of perjury, his or her belief that the incidents are real incidents of abuse.  The victim must also sign and confirm the document under penalty of perjury.

The landlord and NYCHA may require that a person provide the verification of abuse within 14 business days.  If a person does not give the verification within 14 business days, or within any extension of the deadline, the person does not get any of the VAWA protections given to victims of abuse.