Houseinthefall700x_img_2013 HOUSING

HOUSING

Up to 50% of homeless women report that domestic violence was the immediate cause of their homelessness. And nearly all homeless women report experiencing domestic violence or sexual assault in their lifetime.
Source: National Law Center on Homelessness and Poverty

A Choice Between Abuse and Homelessness

Housing can be a big obstacle when a victim of domestic violence tries to leave an abuser. A victim often must decide between returning to an abuser or risking extreme poverty or homelessness.

Abusers use a range of tactics to control victims. In addition to physical and emotional abuse, an abuser may use financial abuse to stop a victim from leaving. To control the victim’s finances, an abuser may:

  • Control household income, and give small “allowances” for essential needs
  • Ruin a victim’s credit by maxing out credit lines and credit cardes
  • Forbid the victim from working outside the home
  • Sabotage the victim’s employment

The result of these tactics mean that it's difficult for a victim to find housing after leaving an abuser.

Domestic Violence Victims Denied Affordable Rental Housing

It is often very difficult for victims of domestic violence to rent an affordable housing unit. Landlords and housing providers often turn away or try to evict domestic violence victims for reasons that are related to the abuser’s behavior:

  • Police may be frequently called to the home
  • An abuser may cause damage to the property
  • A victim may be unable to pay rent because of economic abuse
  • An abuser may show up at the property and causes a disturbance

In some communities, local "nuisance" ordinances force landlords to evict tenants if police are repeatedly called to their homes. Many cities in Pennsylvania have these ordinances, which punish victims of domestic violence with homelessness for calling for help.

When a rental victim is evicted in Pennsylvania, it shows up on her or his rental history. As a result, the victim may be denied housing elsewhere.

State and Federal Laws Protect Victims From Discrimination

Housing Protections in the Violence Against Women Act (VAWA)

VAWA is a federal law that protects victims who receive public housing assistance, such as Section 8 Project-Based housing or Section 8 Housing Choice Voucher assistance.

VAWA prohibits the Public Housing Authority and public housing providers or landlords from denying an application for assistance or evicting a tenant for reasons that are directly related to their abuse. VAWA also provides additional protections for victims that receive housing assistance, such as emergency transfers.

The Fair Housing Act (FHA)

The FHA protects against discrimination based on sex, which some courts believe applies to victims of domestic violence because the majority of victims are women. The FHA covers all housing providers, including landlords of privately owned residences.

The Pennsylvania Human Relations Act (PHRA)

Like the FHA, the PHRA protects against discrimination based on sex, which may include victims of domestic violence. The PHRA covers all housing providers, including landlords of privately owned residences.

Co-Owning a Home With An Abuser

Separating from an abuser when the victim owns or co-owns a home can be difficult. Legal assistance is often needed. Abusers may:

  • Withhold mortgage or tax payments
  • Force foreclosure or bankruptcy actions
  • Manipulate concerns about adequate housing for children, school districts, and even after school activities for domestic violence victims who are parents

See the Economic Justice and Restoration Page for more information

Protection From Abuse (PFA) Orders Can Have Housing Protections

When filing for a PFA order, victims can request that the court evict or “exclude” an abuser, so the victim and children can feel safe in their home. See the Protection From Abuse page for more information.

Child Custody Laws Complicate Relocating With Children To Escape Abuse

Finding new housing in another town, county or state can be complicated when children are involved. When a victim has children, there are laws that she or he must follow before moving. The consequences for not following the laws for relocation and child custody are severe: If a victim does not follow these rules, she or he may lose custody or face state or federal kidnapping charges. See the Custody and Relocation page for more information.

  • Download pdfThings to Know If You Want to Move With Your Children

    Brochure for Domestic Violence Survivors. You may be thinking about moving with your children. Whether you are moving across the street, down the block, to another county or to another state, you need to know about Pennsylvania’s child custody law.

    410.43 K | 10/20/2014

PCADV works to increase safety and access to affordable housing for victims of domestic violence

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