The Violence Against
Women Act (VAWA)

Fact Sheet from Miami Valley Fair Housing Center

Fact Sheet: The Violence Against

Women Act (VAWA), enacted in 1994, was most recently amended in 2022.

As part of its 2022 reauthorization, the U.S. Department of Housing and Urban Development (HUD) and the Attorney General of the United States are now mandated to implement and enforce the housing provisions of VAWA consistently and in a manner that aƯords the same rights and remedies as those provided for in the Fair Housing Act (FHA). This is reflected in new forms updated from HUD in February 2025 regarding the protections for victims of domestic violence. The U.S. Department of Housing and Urban Development has released updated forms related to the Violence Against Women Act. HUD has updated Form 5380 and Form 5382, which are required to be [delivered at, application, lease up, lease recertification] and with any predicate notice (Notice to Pay or Vacate, Notice to Comply or Vacate, etc.) for any properties which are covered under HUD programs.

Find the new forms here: https://bit.ly/4jLKSlJ

Pursuant to VAWA, anyone who has experienced domestic violence, dating violence, sexual assault, and/or stalking:

Cannot be denied admission to or assistance under a HUD-subsidized or -assisted unit or program because of VAWA violence/abuse.
Cannot be evicted from a HUD-subsidized unit or have their assistance terminated because of VAWA violence/abuse.
Cannot be denied admission, evicted, or have their assistance terminated for reasons related to the VAWA violence/abuse, such as having an eviction record, criminal history, or bad credit history related to the VAWA violence/abuse.
Must have the option to remain in their HUD-subsidized housing, even if there has been criminal activity directly related to the VAWA violence/abuse.
Can request an emergency transfer for safety reasons related to VAWA violence/abuse.
Must be allowed to move with continued assistance (if the victim has a Section 8 Housing Choice Voucher).
Must be able to self-certify using the HUD VAWA self-certification form (Form HUD 5382) and not be required to provide additional proof unless the housing provider has conflicting information about the violence/abuse.
Must receive HUD’s Notice of VAWA Housing Rights (Form HUD-5380) and HUD’s VAWA self-certification form (Form HUD-5382) from the housing provider when: Denied admission to a HUD-subsidized unit or HUD program
Admitted to a HUD-subsidized unit or HUD program and/or
Issued a notice of eviction from a HUD-subsidized unit or a notice of termination from a HUD program.
Has a right to strict confidentiality of information regarding their status as a survivor.
Can request a lease bifurcation from the owner or landlord to remove the perpetrator from the lease or unit.
Cannot be coerced, intimidated, threatened, or retaliated against by HUD subsidized housing providers for seeking or exercising VAWA protections.
Has the right to seek law enforcement or emergency assistance for themselves or others without being penalized by local laws or policies for these requests or because they were victims of criminal activity.

Sources and Resources researched by the Miami Valley Fair Housing Center
505 Riverside Drive, Dayton, OH 45405

Information is from these web resources

HUD.gov - Violence Against Women Act (VAWA): https://www.hud.gov/vawa
Wilson Elser - HUD's Enforcement of the Violence Against Women Act: https://www.wilsonelser.com/publications/huds-enforcement-of-the-violence against-women-act-what-housing-providers-should-know

If you need assistance call the Miami Valley Fair Housing Center at 937-223-6035 or visit our intake page at the QR code to the right or this link: https://www.mvfairhousing.com/complaint/