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Legal Information: Federal

VAWA Housing Protections

Updated: 
January 1, 2024

Will my Section 8 voucher be terminated if the abuser is evicted from the home we share?

Under VAWA, generally survivors cannot be terminated from a covered federal housing program, including the Section 8 Housing Choice Voucher program, for the violence committed against them, if they otherwise qualify for the housing. VAWA states that a housing authority can terminate Section 8 Housing Choice Voucher assistance to the abuser while preserving assistance to survivor. This is called a family breakup. In the Section 8 Housing Choice Voucher program, if a family breakup results from violence or abuse, the public housing authority (PHA) must ensure that the victim keeps the housing assistance.1

Many housing authorities prohibit Section 8 voucher tenants from moving during the first year of their lease, or from moving more than once during a 12-month period. However, VAWA provides an exception for victims of domestic violence, dating violence, sexual assault, or stalking.2

1 24 CFR § 982.315
2 24 CFR § 982.354(c)(2)(iii)