New Notice Requirements for Tenancies Covered by VAWA

October 2, 2023

The Violence Against Women Act (VAWA) includes housing protections for members of vulnerable communities.

If you are applying for, receiving assistance under, or living in public housing, any housing operated by a public housing authority, voucher programs, homeless assistance programs, federally assisted housing for persons with disabilities or for elderly persons, or any other housing receiving assistance from HUD, you may have housing protections under VAWA.  If you are a tenant in a HUD-funded program, certain VAWA protections may also apply to other residents and persons associated with you, including residents and affiliated individuals.

VAWA applies to many different HUD grantees under what are called “covered housing programs.”  (See 34 U.S.C. § 12491(a)(3)).  HUD’s covered housing programs include:

  • Section 202 Supportive Housing for the Elderly, including the direct loan program under section 202;
  • Section 811 Supportive Housing for Persons with Disabilities;
  • Housing Opportunities for Persons With AIDS (HOPWA) program;
  • Homeless programs under title IV of the McKinney-Vento Homeless Assistance Act, including the Emergency Solutions Grants program, the Continuum of Care program, and the Rural Housing Stability Assistance program;
  • HOME Investment Partnerships (HOME) program;
  • Multifamily rental housing under section 221(d)(3)/(d)(5) of the National Housing Act with a below-market interest rate (BMIR);
  • Multifamily rental housing under section 236 of the National Housing Act;
  • HUD programs assisted under the United States Housing Act of 1937; specifically, public housing under section 6 of the 1937 Act, tenant-based and project-based rental assistance under section 8 of the 1937 Act, and the Section 8 Moderate Rehabilitation Single Room Occupancy;
  • Housing Trust Fund; and
  • Other Federal housing programs that provide affordable housing to low and moderate-income persons through restricted rents or rental assistance, or other affordable housing opportunities, which HUD identifies as covered by VAWA.  This will ordinarily occur in a Notice of Funding Opportunity (NOFO).
     (See 34 U.S.C. § 12491.)

VAWA also protects your right to report crime and emergencies from your home, regardless of whether your housing is assisted under a covered housing program. (See 34 U.S.C. § 12495).

If you have a tenancy that is covered by VAWA, when you serve an eviction notice, you are required to give the VAWA language – see below—and to attach HUD forms 5380 and 5382 to the eviction notice.


If the lease violation(s) detailed herein is/are the result of domestic violence, dating violence, sexual assault or stalking, we want to ensure that you understand your protections under the Violence Against Women Act (VAWA). VAWA protections are not only available to women but are available equally to all individuals regardless of sex, gender identity, or sexual orientation. HUD’s Notices under VAWA are attached to this notice. If this is applicable to you and you wish to exercise your rights under VAWA, you may do so by completing and submitting the Certification for (or other form of Alternate Documentation as specified in the Notice and Certification), so it is received in the management office no later than 14 business days from the date of your receipt of this notice.

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LandlordSolutions does not provide legal advice. The information we provide is general information for landlords. If you need legal advice or have questions about the application of the law in a particular matter, you should consult a lawyer.

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