VAWA protections for Section 8 voucher holders

Last updated June 23, 2026

If you are experiencing domestic violence, dating violence, sexual assault, or stalking, federal law protects your Section 8 voucher. You cannot be terminated from the Housing Choice Voucher program or evicted from your home because of abuse that was committed against you.

These protections come from the Violence Against Women Act — known as VAWA — which has applied to the Section 8 program since 2006 and was strengthened in 2013 and 2022. They apply to all voucher holders regardless of gender.

The core protection: abuse is not a reason to lose your voucher

Incidents of domestic violence, dating violence, sexual assault, or stalking cannot be used as grounds to:

• Terminate your participation in the HCV program
• Evict you from your unit
• Deny your application for assistance (if you are a survivor applying for a voucher)

The key principle: you are not responsible for the actions of someone who abused you. If a household member or guest committed an act of violence, that is not your violation of the lease or program rules.

This protection covers abuse committed by a current or former spouse or intimate partner, a person you share a child with, someone you live with or have lived with in an intimate relationship, or someone who has committed sexual assault or stalking against you regardless of any relationship.

Your housing authority must give you notice of these rights

At several points in the program — when you receive your voucher, when you sign a lease, and when you receive a notice of termination or eviction — your housing authority is required to give you a notice of your VAWA rights (HUD form HUD-5380). This notice explains your protections and how to use them.

If you have not received this notice and you are facing a threat or have experienced abuse, you can ask your housing authority for it directly.

Emergency transfers: moving to a safer unit

If you are in danger in your current unit — because the abuser knows where you live, because you are at risk of further violence, or because staying in your current location is unsafe — you can request an emergency transfer to a different unit.

To request an emergency transfer:

1. Contact your housing authority and ask for their emergency transfer plan
2. Complete the emergency transfer request (your housing authority has a form for this)
3. Provide documentation of the violence or threat if you can (see the section on documentation below)

Once an emergency transfer is approved, you can move to a new unit without waiting for your voucher's normal search period. If housing is not immediately available in your current housing authority's jurisdiction, you may be able to transfer your voucher to a different area through the portability process. See voucher portability for how that works.

Your housing authority is required to have a written emergency transfer plan and must assist survivors in accessing it. You have the right to ask for it.

Bifurcation: removing the abuser, not you

If the person who committed the abuse is also on your lease or in your household, your landlord has the option to bifurcate the lease — to remove the abuser from the household while allowing you to stay.

This means:

• The abuser's tenancy is terminated
• Your tenancy continues under the existing lease and HAP contract
• You are not displaced because of the abuser's actions

Bifurcation is an option available to landlords — they are not required to do it — but they cannot use the abuser's conduct as a reason to evict you when you were the victim.

If your landlord refuses to bifurcate and tries to evict you along with the abuser, that may be a violation of your VAWA rights. Contact your housing authority immediately.

What documentation you may be asked to provide

If your housing authority or landlord requests documentation of the abuse before recognizing your VAWA protections, federal law gives you options. Any one of the following is acceptable:

• A police report or court document related to the incident
• A written statement from a professional — such as a domestic violence advocate, counselor, clergy member, or medical or mental health professional — who has knowledge of the situation
• A self-certification form (HUD-5382) signed by you under penalty of perjury, stating that the abuse occurred and describing the incident

The self-certification is important: you do not need a police report. If you were not able to report the abuse to law enforcement, or if doing so would put you at further risk, you can use the HUD-5382 form to document your situation yourself.

You have 14 business days from the date of the request to provide documentation. If you need more time, ask — housing authorities have discretion to grant an extension for good cause.

Your housing authority or landlord cannot delay recognizing your protections indefinitely while waiting for documentation. If you are in immediate danger, contact them right away and explain the situation.

Confidentiality

Information you share about domestic violence, dating violence, sexual assault, or stalking under VAWA is protected. Your housing authority cannot share it with anyone — including other agencies, the police, or your abuser — without your written consent, except in very limited situations (like when required by court order or when necessary to prevent imminent danger).

This confidentiality protection means you do not need to worry that disclosing your situation to the housing authority will result in it getting back to the person who harmed you.

If you are denied housing or terminated in violation of VAWA

If your housing authority or landlord tries to terminate your voucher or evict you for reasons connected to domestic violence, dating violence, sexual assault, or stalking, you have the right to contest that decision.

For terminations from the program: request an informal hearing with your housing authority in writing as soon as possible after receiving the notice. At the hearing, present your VAWA documentation and explain that the termination violates federal law.

For evictions: raise your VAWA protections in court. Federal law preempts state eviction proceedings when a VAWA violation is involved.

You can also contact a local domestic violence organization or legal aid office for assistance. Many organizations specialize in helping survivors navigate housing situations, and legal aid attorneys can represent you at no cost if you qualify.

Getting help

If you are in immediate danger, contact the National Domestic Violence Hotline at 1-800-799-7233 or text START to 88788. They can connect you with local resources including housing advocates.

For help navigating your housing authority's VAWA process, contact a local domestic violence organization — most have housing specialists who know how to work with PHAs on emergency transfers and documentation.

Your voucher is protected. You do not have to choose between your safety and your housing.