Learn about protections you have if you are a survivor of domestic violence who is applying for public housing. Find information about your rights when applying for each type of public housing below.
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.
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 survived domestic violence, dating violence, stalking or sexual assault. The federal law is called the Violence Against Women Act (VAWA). It does not apply to private landlords who get paid market-rate housing.
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. Click to get this form in English and in other languages. Or you can also submit your own letter and do not have to use this form.
A landlord or agency providing the Section 8 voucher may ask you for proof that you are a survivor 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. For more about these rules see this article on survivors applying for public housing.
I applied for a federally subsidized apartment. Can they reject me?
A housing authority cannot refuse to rent to you because you are a survivor of abuse. You can still get a federally subsidized apartment even if you:
- Have a criminal record because of the abuse, or
- Were evicted because of the abuse.
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.
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 survived domestic violence, dating violence, stalking or sexual assault. The federal law is called the Violence Against Women Act (VAWA). It does not apply to private landlords who get paid market-rate housing.
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. Click to get this form in English and in other languages. Or you can also submit your own letter and do not have to use this form.
A landlord or agency providing the Section 8 voucher may ask you for proof that you are a survivor 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. For more about these rules see this article on survivors applying for public housing.
I applied for a federally subsidized apartment. Can they reject me?
A housing authority cannot refuse to rent to you because you are a survivor of abuse. You can still get a federally subsidized apartment even if you:
- Have a criminal record because of the abuse, or
- Were evicted because of the abuse.