Housing and Domestic Violence

October 1, 2001

Jennifer DeCarli

(This article contains excerpts from a letter written to the Rochester Housing Authority. [1])

Under the regulations implementing the Quality Housing and Work Responsibility Act (QHWRA) of 1998, local public housing authorities (PHA) must submit an annual plan to be reviewed by the Department of Housing and Urban Development (HUD). This annual plan must explain how the local public housing authority will operate its housing programs. Additionally, the local PHA's must submit a five year agency plan that provides the agency's overriding goals and objectives. These agency plans must be available for public comments, and the local PHA must conduct a public meeting at which time interested individuals can comment on the proposed plan.

It is imperative for domestic violence advocates to obtain a copy of their local public housing authority plans in order to ascertain whether or not the plan takes into account the needs of domestic violence victims. Specifically, advocates should examine whether domestic violence is taken into consideration when looking at such issues as preferences, emergency transfers, family break-up policies, etc. The following letter addresses the need for a preference for domestic violence victims and the need for domestic violence to be taken into account when individuals ask for emergency transfers and are absent from the housing unit.

There are deadlines that local housing authorities must meet when submitting their plans to HUD. It is important to find out what these deadlines are in order to submit public comments on the plan. However, even if the time for public comments has passed, one can initiate this type of communication with the local public housing authority at any time. As access to quality housing is such a critical issue for victims of domestic violence, it is crucial to educate oneself regarding whether or not the local plan addresses these issues. The following letter is meant only as a model, as it is specific to Monroe County. It is intended to encourage advocates to start this important dialogue, as it has been very successful in allowing us to start such a dialogue in Monroe County.

As members of Rochester's domestic violence prevention community, we are submitting the following comments for your consideration on the proposed 2002 RHA Agency Plan. We recognize that the deadline for written comments has passed, but we are aware that you are still accepting comments in conjunction with the public hearing scheduled for June 6th . These comments intend to address how the 2002 RHA Agency Plan could more effectively respond to victims of domestic violence in our community.

We recognize that there are many groups of individuals that are in desperate need of housing. On a daily basis, in our work with domestic violence victims, we see their great need for affordable and stable housing. Many times victims of domestic violence feel forced to remain in an abusive relationship in order to maintain housing for themselves and their children. Access to stable and affordable housing may enable a victim and her children to finally escape an abusive relationship as well as provide her with the ability to pursue job training and employment, which can ultimately increase her economic self-sufficiency and resources.

As stated in the Housing Needs Assessment section portion of the 2002 Agency Plan on page 119, the 1995 Report entitled Monroe County's Homeless Population (1988 - 1995) found that domestic violence victims comprised 25% of Monroe County's homeless population. As this statistic demonstrates, when assessing who is in need of affordable housing, it is clear that domestic violence victims comprise a large portion of this population in our community. Unfortunately, the 2002 RHA Agency Plan does not respond to this connection between domestic violence and an increased risk for homelessness.

We propose that the 2002 RHA plan should include establishing preferences for victims of domestic violence in admission policies as well as requiring domestic violence to be a factor the agency must assess when addressing problems that can arise once an individual obtains housing -- such as requests for transfers and extended absences from the housing unit.

Establishing Admission Preferences for Victims of Domestic Violence

The Need for a Preference

Section 514(e) of the Quality Housing and Work Responsibility Act (QHWRA) specifically provides the sense of Congress regarding establishing admission preferences for victims of domestic violence. It states:

"It is the sense of Congress that, each public housing agency involved in the selection of eligible families for assistance under the United States Housing Act of 1937 (including residency in public housing and tenant based assistance under Section 8 of such Act) should, consistent with the public housing agency plan of the agency, consider preferences for individuals who are victims of domestic violence." (Emphasis added.)

HUD has implemented the above congressional sense in a number of ways. First, in its initial guidance, HUD stated, "HUD urges PHA's to consider adopting admission preferences for victims of domestic violence." (64 Fed Reg 8200, Feb. 18 1999). Secondly, HUD has codified this congressional sense as well. 24 C.F.R. § 5.655 (4) states that owners of project based Section 8 assistance programs should consider whether to adopt a preference for admission of families that include victims of domestic violence. 24 C.F.R. § 982.207 (b)(4) states that in housing choice voucher programs, the PHA should consider whether to adopt a local preference for admission of families that include victims of domestic violence. 24 C.F.R. §960.206(b)(4) states the same for admission to public housing programs.

Unfortunately, in the 2002 RHA Agency Plan, domestic violence is not a stated preference for admission to either public housing or housing choice voucher programs. Further, there is no evidence that it was even considered in the agency plan even though the needs assessment demonstrated the obvious connection between homelessness and domestic violence in our community. Again, the Monroe County's Homeless Population report (1988-1995), discussed in the needs assessment section of the 2002 RHA Agency Plan, found that 25% of individuals in our community reported being homeless due to domestic violence.

As stated in Section 10.1, page 2-32, applicants for RHA units (except Anthony Square) are accepted and housed on a "first come first served" basis. The only stated preferences are individuals that have been involuntarily displaced, of which domestic violence victims are not included, and individuals who qualify for housing that has been designated for elderly and disabled families. Regarding RHA's definition of "involuntarily displaced," we note that for many years the federal regulatory definition of that term specifically included provisions regarding domestic violence. [2] Notwithstanding that local public housing authorities now have discretion to adopt their own local preferences, those local preferences must, under 24 CFR 982.207 "be based on local housing needs and priorities." It would be ironic (and indeed extremely unfortunate), if given the identification of domestic violence situations as a high priority local need, the removal of the federal preference requirement were to result in a local admission plan that is less responsive to our community than that which existed under the prior federal regulations. Similarly, in the Section 8 Administrative Plan, stated on page 2-60, the stated preferences for Section 8 housing programs do not include victims of domestic violence. Again, the Section 8 preferences include a definition of involuntarily displaced individuals of which domestic violence victims are not included.

As Congress and HUD have strongly urged the local PHA's to consider granting a preference for victims of domestic violence, we urge RHA to consider adopting this preference. As 25% of individuals reported being homeless due to domestic violence in our own community, our local housing needs demonstrate that a preference for domestic violence victims is necessary.

Verification Issues

If RHA does establish an admission preference for victims of domestic violence, we recognize that there would be issues around verification. RHA would need to establish guidelines for what types of verification it would require the applicant to provide in order to demonstrate that she is a victim of domestic violence.

Verification of domestic violence can be a difficult issue due to the complex dynamics of abusive relationships and the fact that victims of domestic violence choose to escape abusive relationships in a variety of different ways. For example, some victims of domestic violence may have police reports documenting the abuse and/or orders of protection that have been obtained against their abuser. However, other victims of domestic violence may have chosen not to seek assistance from the criminal justice system or the courts for fear of reprisal from the abuser.

Because of this, RHA should work in collaboration with local domestic violence prevention agencies in order to establish criteria that are sensitive to the above dynamics. For example, instead of requiring police reports or orders of protection to verify the existence of domestic violence, RHA could also accept third party written verification from a domestic violence counselor. It is our belief that by working in collaboration, we would successfully address the challenges that could arise when developing verification criteria.

In Order to Prevent Homelessness, Domestic Violence Should Be Specifically Considered When Addressing Transfer Requests and Absence from the Housing Unit

Currently, the only explicit reference to domestic violence in the proposed 2002 RHA plan can be found at page 2-75, Section f. This discusses when a change in family composition has occurred as a result of a family member being forced to leave the apartment as a result of actual or threatened physical violence against family members by a spouse or other family member. We applaud the agency's recognition of this problem and its decision to award the housing choice voucher to the victim of this violence. However, in addition to this problem, other issues can arise for victims of domestic violence once they enter public housing that are not currently addressed by the agency plan, such as transfer requests and absences from the housing unit. Because these issues are not addressed, they can make it more difficult for individuals to escape abusive relationships and maintain safety for themselves and their children.

First, victims of domestic violence may need to leave their apartment for an extended period of time due to domestic violence and enter into a domestic violence shelter. This absence from the apartment is in conflict with policies addressing absences from the housing unit. On page 2-75, Part g, the proposed 2002 plan states that families may be absent from the unit for a brief period of time. However, for longer absences the family is required to submit written notification to RHA in advance of the absence. Unfortunately, this requirement of advance notification is impossible for victims of domestic violence to comply with.

The local residential domestic violence shelter, Alternatives for Battered Women, has had ongoing difficulties when dealing with this issue. As a result, when looking at whether or not an individual has abandoned the apartment, we propose that RHA should consider whether domestic violence has forced the occupant to leave the apartment for an extended period of time, and if so, this should be a mitigating factor that RHA must assess when deciding whether or not to terminate a lease.

Secondly, individuals may need to request an immediate transfer to a new apartment in order to maintain their safety. This is an issue that frequently arises in the lives of domestic violence victims. Many times when a victim decides to terminate an abusive relationship, the violence escalates. As a result, it is often imperative that a victim relocate to a new apartment so that the batterer can not find her and continue his abuse. This issue is not adequately addressed by the current transfer policy. The current transfer policy is outlined in Section 16.2 and defines three specific categories of transfers. Although Category 1 addresses emergency transfers, and specifically deals with conditions that threaten the life, health, or safety of a family or one of its members, there is no specific mention of domestic violence as one of these conditions.

We propose that RHA specifically include domestic violence in their emergency transfer category. This could be accomplished by stating at the end of Category 1 that such situations may also involve individuals who are victims of domestic violence and are forced to leave their apartment because of actual or threatened physical violence that poses an immediate threat to their or their children's lives. In addition to assisting victims of domestic violence in maintaining their safety, this proposed addition will allow RHA to maintain order and safety within its housing units. Again, as discussed under the admission preference section, the types of verification of the domestic violence that RHA could require in transfer request situations could be addressed through collaborative efforts with the domestic violence prevention community.

Conclusion

We hope RHA will consider the above comments when finalizing this year's proposed plan. As the agency's own needs assessment demonstrates, domestic violence victims make up an overwhelmingly large percentage of our community's homeless population. The ability to access and maintain stable housing is a critical factor for domestic violence victims attempting to escape abusive relationships and avoid homelessness. By providing stated preferences to victims of domestic violence as strongly urged by HUD and Congress, RHA would enable more individuals involved in abusive relationships an opportunity to access such housing and escape such relationships. Further, by acknowledging the role domestic violence plays in the ability to comply with certain requirements once an individual accesses public housing, and the role domestic violence plays in requesting immediate transfers in housing, RHA would enable more individuals involved in abusive relationships to maintain such housing and avoid homelessness. By adopting our proposals, RHA has the opportunity to play a pivotal role in assisting domestic violence victims and their children in their pursuit of violence free lives.

We would welcome an ongoing dialogue with RHA on these issues and propose that we schedule a meeting to address the above proposals. At that time, we would be happy to bring sample language for the enclosed proposals. Further, the Monroe County Consortium Against Domestic Violence, a consortium that consists of agencies, community groups, and others who are concerned with the problem of domestic violence in our area, and of which we are all members, is interested in submitting a letter supporting the above comments. We hope that by working collaboratively together we can more effectively address the needs of domestic violence victims in our community.

1. The letter was written by Jenn DeCarli, GULP Domestic Violence Specialist; Catherine Mazzotta, the Executive Director of the Monroe County domestic violence shelter; and Susan Prener, the Executive Director of a transitional program for survivors of domestic violence in Monroe County. The Rochester Housing Authority administers most of the public housing and Section 8 programs in the Monroe County region. The letter was sent to the Rochester Housing Authority in order to comment on how their proposed agency plan could be more responsive to the needs of domestic violence victims in Monroe County.

2. The former federal definition, at 24 CFR 5.420(b), which was in place until April 28, 2000, stated as follows:

(b)(4) Displacement by domestic violence.

(i) An applicant is involuntarily displaced if:

(A) The applicant has vacated a housing unit because of domestic violence; or

(B) The applicant lives in a housing unit with a person who engages in domestic violence.

(ii) "Domestic violence" means actual or threatened physical violence directed against one or more members of the applicant family by a spouse or other member of the applicant's household.

(iii) To qualify as involuntarily displaced because of domestic violence:

(A) The responsible entity must determine, in accordance with HUD's administrative instructions, that the domestic violence occurred recently or is of a continuing nature; and

(B) The applicant must certify that the person who engaged in such violence will not reside with the applicant family unless the responsible entity has given advance written approval. If the family is admitted, the responsible entity may deny or terminate assistance to the family for breach of this certification.