The Violence Against Women Act of 2013 (VAWA) provides special protections for victims of domestic violence, dating violence, sexual assault and stalking who are applying for or receiving assistance under the housing choice voucher (HCV) program. VAWA protections are not only available to women, but are available equally to all individuals regardless of sex, gender identity, or sexual orientation.
Definitions as used in VAWA:
- The term bifurcate means, with respect to a public housing or Section 8 lease, to divide a lease as a matter of law such that certain tenants can be evicted or removed while the remaining family members' lease and occupancy rights are allowed to remain intact.
- The term dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:
- The length of the relationship
- The type of relationship
- The frequency of interaction between the persons involved in the relationship
- The term domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similiarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.
- The term affiliated individual means, with respect to a person:
- A spouse, parent, brother or sister, or child of that individual, or an individual to whom that individual stands in the position or place of a parent; or
- Any other individual, tenant, or lawful occupant living in the household of the victim of domestic violence, dating violence, sexual assault, or stalking.
- The term sexual assault means:
- Any non consensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks the capacity to consent.
- The term stalking means:
- To engage in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety of others, or suffer substantial emotional distress.
Please view the notice that explains your rights under VAWA here: Notice of Occupancy Rights (form HUD-5380)
Please fill out the attached form if you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking, and that you wish to use your rights under VAWA: Certification Form (form HUD-5382)
Please view the form that explains the Garfield County Housing Authority's emergency transfer plan for victims of domestic violence, dating violence, sexual assault, or stalking: Emergency Transfer Plan (form HUD-5381)
Please use this form to request an emergency transfer: Emergency Transfer Request (form HUD-5383)
If you need additional information or assistance, please contact the Garfield County Housing Authority at 970-625-3589.
