Rights for Renters Experiencing Domestic Violence

Rights for Renters Experiencing Domestic Violence

Survivors of domestic violence have many protections when it comes to their housing. These protections are afforded under multiple pieces of legislation, including the Violence Against Women's Act (VAWA), KRS 383.300-302, and other fair housing laws.

View or download our Rights for Renters Experiencing DV Brochure today

Violence Against Women Act (VAWA)

Since 2005, VAWA, a federal law, has provided housing protections for victims who are survivors of:

  • Domestic violence
  • Sexual assault
  • Dating violence
  • Stalking
  • Human Trafficking

VAWA protections extend to a survivor, regardless of age, gender, sexual orientation, or disability, who lives in or is applying to live in federally assisted housing (such as Section 8, project-based units, or other rental assistance programs).

These protections state that survivors:

  • Cannot be denied admission, be evicted, or have their assistance terminated because of the violence committed against them.
  • Cannot be denied admission, evicted, or have their assistance terminated for reasons related to the VAWA violence/abuse, such as having an eviction record, criminal history, or bad credit history.
  • Can request that an abuser be removed from the lease and housing voucher, where applicable, allowing the survivor to safely remain in their unit.
  • Can request an emergency transfer from the housing provider for safety reasons related to the VAWA violence/abuse committed against them.
  • Must be allowed to move with continued assistance if the survivor has a Section 8 Housing Choice Voucher.
  • Has a right to strict confidentiality of information regarding their status as a victim or survivor.
  • Cannot be coerced, intimated, threatened, or retaliated against by a housing provider for seeking or exercising VAWA protections.
  • Has the right to seek law enforcement or emergency assistance for themselves or others without being penalized for these requests or because they were victims of criminal activity.

To utilize any of the above VAWA rights and protections, a survivor should use HUD Form 5382 to self-certify to the Housing Authority or Housing Provider. Survivors should not be required to provide more proof unless the housing provider has conflicting information about the violence/abuse.

Kentucky Law: KRS 383.300-302

Established in 2017, KRS 383.000-302 offers the following leasing protections for people with protective orders:

  • Prohibiting landlords from refusing to rent to or evicting someone solely because they have a court-ordered issue of protection.
  • Enabling tenants with court orders to change the locks of a rented residence.
  • Affording victims with a DVO or IPO the right to terminate a lease by giving a landlord 30 days' written notice.
  • A landlord is not allowed to submit a bad credit history entry against the protected tenant for early termination. Security deposit may be forfeited.
  • Allowing a landlord to bar a perpetrator from the property, bifurcate a lease, and evict and deny a perpetrator access to the housing unit while still holding a perpetrator liable for fees, damages, and unpaid rent.

For additional information about the Kentucky statutes detailing these protections, view KRS 383.300 and KRS 383.302.

Fair Housing Act (FHA)

FHA is a federal law that protects both renters and homeowners in many ways and is not limited to federally assisted housing. While the FHA does not have specific protections regarding domestic violence, it does prohibit discrimination on one's sex. Since domestic violence survivors are predominantly women, there are policies and practices that may protect survivors in this way.

Fair Housing legislation also protects many other classes, including:

  • Race
  • Color
  • Religion
  • Sex
  • Familial Status
  • National Origin
  • Disability

For additional questions or information about FHA or any of the protections listed here, contact the Kentucky Fair Housing Council at 859-971-8067.