Violence Against Women Act Subject to Fair Housing Review

Recent guidelines published by HUD make it clear that individuals evicted from housing as a result of domestic violence may have a basis to file a discrimination complaint under the Fair Housing Act.  The Violence Against Women Act establishes protections to victims of abuse and who are subsequently evicted or denied housing.  As a result of its application in relation to the Fair Housing Act, HUD would be able to take complaints filed by victims of domestic violence and determine whether adverse housing action violates Fair Housing dictates based on gender or another federally-protected basis.            

Although such protections have been afforded residents of federally regulated housing for some time, the ability for a domestically abused individual to file a Fair Housing complaint is only a recent development.  HUD makes its guidelines available for review on its website, specifically HUD form 91006.   The guidance provides examples of recent housing discrimination cases and explains how domestic violence victims are protected from denial, eviction and termination from specified housing programs