Section 8 VAWA Protections: Rights for Survivors of Abuse

The core VAWA rule: abuse is not grounds against you

Under VAWA, being a victim of domestic violence, dating violence, sexual assault, or stalking is not a basis for denial, eviction, or termination of Housing Choice Voucher assistance. An incident of abuse does not count as a serious or repeated lease violation by the victim, and criminal activity directly related to the abuse does not count against the victim either. Your housing authority and landlord must apply this protection before taking any adverse action.

That protection covers applicants, tenants, and household members. If a PHA moves to deny or terminate, or an owner moves to evict, and the reason traces to abuse committed against you, raise VAWA in writing immediately and attach or request the certification form. Our denial and termination appeal guide explains hearing timelines to pair with that response.

Lease bifurcation: the abuser leaves, you stay

Lease bifurcation lets a landlord or PHA split the lease to remove the abuser while the victim and other household members keep the unit and the assistance. The remaining household keeps the voucher subject to normal eligibility, and the removed person loses occupancy rights under that lease. This avoids the cruel choice between staying with an abuser and losing housing.

Ask your PHA for its bifurcation procedure in writing: who issues the notice, what it must state, and how the remaining household recertifies income and composition afterward. Keep paying your share of rent during the process and keep copies of every notice, because the paper trail protects both your tenancy and your voucher if either action is later disputed.

How to document abuse: self-certify on Form HUD-5382

You do not need a police report, court order, or medical record to claim VAWA protection. Complete Form HUD-5382, the self-certification form, in your own words: your name, the abuser's name if safe to provide, the dates and nature of the abuse, and your signature under penalty of perjury. A victim-services provider, attorney, or medical or mental-health professional may also sign a third-party statement instead, and some PHAs accept police or court records as an alternative, but none of those is required.

Submit the form by the deadline in the PHA or owner notice, usually 14 business days from the written request, and keep a dated copy plus proof of delivery. If you need more time because of safety, trauma, or mail delays, ask in writing for an extension before the deadline passes and contact an advocate or counselor for help preparing the statement safely. The PHA must keep your submission confidential as described below.

Emergency transfers: how to request a safer unit

If you reasonably believe you face imminent harm from further violence by staying in your unit, or you are a sexual-assault survivor and the assault occurred on the premises within the last 90 days, you may request an emergency transfer. Submit the written transfer request with Form HUD-5383 where your PHA uses it, attach your HUD-5382 certification, and state whether you need a transfer within the same PHA, a move to another PHA's area, or a move to a confidential location.

Follow these steps in order. First, contact a local advocate or counselor to plan safety around the move, including mail, school, and benefit addresses. Second, file the transfer request with your PHA and keep the receipt. Third, ask what happens while you wait: whether you may port the voucher, whether the PHA has a transfer preference or waitlist priority, and what interim safety steps it suggests. Fourth, do not break the lease or abandon the unit without written PHA guidance, since an unplanned exit can complicate assistance. Our portability guide explains how voucher moves across PHA areas work once the transfer is approved.

Confidentiality and moving with continued assistance

PHAs and owners must keep VAWA information confidential. They may not share your certification, statements, or new address with the abuser, enter it into shared databases accessible to the abuser, or disclose it except as required for an eviction proceeding or as otherwise required by law. Ask where your file is stored, who can see it, and how mail is addressed, and report any disclosure to the PHA in writing.

VAWA also preserves the right to move with continued assistance. An approved emergency transfer or portability move carries the voucher with you rather than ending it, subject to the receiving PHA's procedures and payment standards. Plan the destination with an advocate, confirm the receiving PHA's briefing and inspection steps before signing a new lease, and keep assistance continuous by meeting every stated deadline. Start the broader search with our voucher mechanics guide and find local offices through the housing authority directory.

Sources

Sources: HUD VAWA hub · Form HUD-5380 notice · Form HUD-5382 self-certification · Form HUD-5383 transfer request · HUD housing counseling · HUD PHA directory · HUD HCV Guidebook