Understanding the Violence Against Women Act: Do I Need to Show Proof for Protection?
Under VAWA, a survivor is protected if they are experiencing domestic violence, dating violence, sexual assault or stalking. Each survivor’s experience will be different and VAWA widely defines each of these categories, including a recent change that explicitly added economic and technological abuse as covered harm.
The law doesn’t force housing authorities or landlords to ask for proof that someone is a victim. If a person says they're a survivor, HUD encourages housing providers to accept that.
But, the housing authority or landlord may ask for additional proof. If the provider asks for documentation, the survivor is the person who gets to choose which type of proof is provided from the following list:
- Document signed by the tenant and a professional that helped relating to the domestic violence, dating violence, sexual assault, stalking, or the effects of abuse. Some examples of professionals: doctor, nurse, attorney, victim service provider, mental health professional.
- Record from police, court, or administrative agency.
- A statement from the tenant (often called HUD Form 5382).
When asked for documentation, the survivor has 14 business days to provide it. If they don't, the housing authority or landlord does not need to give the VAWA protection. But they may give the survivor more time if needed.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.