Protections for Survivors of Domestic Violence

In Massachusetts, a landlord cannot reject your application for housing if you had to end your lease early or change your locks at a previous apartment because of domestic violence. This applies to all landlords and all rental housing.⁴¹

In addition, under the federal Violence Against Women Act (VAWA), survivors of domestic violence who are applying to live in certain federally funded subsidized housing cannot be denied admission or assistance if the basis for the denial is because of the domestic violence.  See the section in this chapter called Federal Housing Assistance.

If you feel you have been denied housing for this reason, you can file a complaint in Housing Court, District Court or Boston Municipal court and ask a judge to require the landlord to rent to you. Denial of housing for reasons related to domestic violence might also be considered discrimination based on gender. If you feel that you are being discriminated against because of your gender see Chapter 7: Discrimination.

If you are applying for state housing assistance, a housing agency or housing provider cannot reject your application if you have to end your lease early or change your locks at a previous apartment because you faced domestic violence.

If you feel you have been denied a state rental housing voucher for these reasons you can immediately appeal the denial in a hearing under the rules of the specific housing program. For more about these rules see Challenging the Denial of Housing. You can also file a complaint in Housing Court, District Court or Boston Municipal court and ask a judge to require the housing agency to give you subsidy.

If you have applied to privately-owned multifamily subsidized housing provider, you can file a complaint in Housing Court, District Court or Boston Municipal court and ask a judge to require the housing provider to give you housing.

Denial of housing for reasons related to domestic violence might also be considered discrimination based on gender. If you feel that you are being discriminated against because of your gender see Chapter 7: Discrimination.

If you are applying for federally subsidized housing or a Section 8 voucher, a landlord, property manager, or housing agency cannot deny you housing because you have been victim of domestic violence, dating violence, stalking or sexual assault. The federal law is called the Violence Against Women Act (VAWA). This law also protects you if you are applying for market rate housing or housing funded under the federal Low Income Housing Tax Credit if there are any tenants living in the property with a federal Section 8 voucher or other federal housing assistance.⁴³

If you are applying for an apartment in a multi-family development with a Section 8 voucher that is administered by a public housing agency where the agency is required to screen for CORI and they that found you eligible for housing, the public housing agency cannot give the CORI it reviewed to the private management company or owner. The owner must do their own CORI request if doing independent tenant screening.⁴⁴

If you believe that you have been denied federally subsidized housing or a Section 8 voucher because of reasons related to domestic violence, you can challenge the denial by submitting a form to the property manager or landlord saying that you are protected by VAWA. Or you can also submit your own letter and do not have to use this form.

The form is called: Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking (HUD Form 5382). It is available here in English and other languages (must scroll down to find Form 5382).

A landlord or agency providing the Section 8 voucher may ask you for proof that you have been a victim of violence. The landlord or housing agency must give you at least 14 business days (weekends and holidays do not count) to provide proof of the violence. In addition to the form listed above, you may provide a letter signed by a victim service provider, attorney, or medical or mental health professional who has helped you with the abuse. Or you may provide a police report, court record (such as a restraining order), or record from an agency hearing.

In addition, if you are denied federally subsidized housing or Section 8 for reasons related to domestic violence, dating violence, stalking or sexual assault you can also immediately appeal the denial under the rules of the specific housing program. Ask for a copy of their CORI policy and any policies related to domestic violence and reasonable accommodations to see whether they are following these policies. For more about these rules see forthcoming updates in Finding Public and Subsidized Housing: Challenging the Denial of Housing in Legal Tactics.