Your housing rights as a survivor under VAWA
If you live in, or apply to, public housing, Section 8 or another HUD-assisted program, the Violence Against Women Act (VAWA) says you can't be denied housing or evicted because you are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse itself can't be counted as a lease violation against you.12
VAWA also lets you ask for an emergency transfer to a safer unit, lets the housing provider remove the abuser from the lease while you stay, and requires the provider to keep what you share confidential. A provider can't require a police report to give you these protections.12
Updated October 2026. Rules differ by state, so call your office before you go. Questions? We're here: call or text 888-860-RISE.
Is your housing covered?
VAWA's housing rules cover HUD programs including public housing, Housing Choice Vouchers (Section 8), project-based Section 8, Section 202 and 811 housing, HOPWA, HOME, McKinney-Vento homeless programs, Section 236 housing and the Housing Trust Fund.1
Your provider must give you a notice of these rights (form HUD-5380) and the certification form when you're admitted, when you're denied, and with any eviction or termination notice. If you got one of those papers, look for it.21
Renting privately with no assistance? VAWA's eviction rules don't reach you, but your state may let you end your lease early. See the state examples below.
Your steps, in order
- 1
Tell your housing provider in writing, when it's safe
You choose how to show you're a survivor. The options include HUD's certification form (HUD-5382), a signed statement from a victim advocate, lawyer, medical professional or mental health professional who helped you, or a police, court or agency record. A provider can't require a police report.21
The provider doesn't have to ask for proof at all. If it asks in writing, you have 14 business days to respond, and it may give you more time. Ask for an extension in writing if you need one.2
Bring- Form HUD-5382, filled out (ask the office for it, or use one an advocate gives you)
- Or: a protective order, police report, or a letter from an advocate, lawyer or doctor
- A copy of everything you hand in, kept somewhere the abuser can't reach
- 2
Know what the provider can and can't do
The provider can't evict you or cut off your assistance because of the abuse, and it can't hold you to a stricter standard than other tenants.2
It can still evict for lease violations that have nothing to do with the abuse, or if it can show a real and immediate threat to other tenants or staff. Even then, the rules say eviction should be a last resort.2
VAWA also protects your right to call the police or report an emergency from your home.1
- 3
Ask for an emergency transfer
You can ask to move to a safer unit if you reasonably believe you're in danger of more violence by staying. If you were sexually assaulted on the property, you also qualify when you ask within 90 days of the assault.23
Use form HUD-5383, the Emergency Transfer Request. It asks for the safest way to reach you and lets you describe what makes a unit safe for you, like a different building or neighborhood. A written request is enough; the provider may ask for more proof, but isn't required to.32
Every covered provider must have an emergency transfer plan (HUD's model is form HUD-5381). It must let you move within the property when a safe unit is open, explain how it helps with moves to other housing, and keep your new location from the abuser.21
Tip:A request doesn't guarantee a transfer; it depends on what units are open. Ask the office how its plan handles moves to other housing programs, and keep asking.3
- 4
Remove the abuser from the lease
A provider may split the lease (called bifurcation) to remove the abuser, even if they signed it, while you and others stay. It must follow your state's eviction process to do it.2
If the abuser was the person who qualified for the assistance, the people left behind get 90 days from the split to show they qualify or find other housing. The provider may add up to 60 more days.2
- 5
Protect your privacy, and push back if your rights are ignored
What you share must be kept strictly confidential. It can't go into a shared database or be given out, except in narrow cases such as your written permission or an eviction hearing.23
If a provider breaks these rules or retaliates against you, file a complaint with HUD at hud.gov/reporthousingdiscrimination and explain why you think your VAWA rights were violated. Since VAWA was renewed in 2022, HUD enforces these rules much like fair housing law.1
Tip:A local legal aid office can help you answer an eviction notice. Call or text 888-860-RISE if you need help finding one.
What it costs
| Item | Cost |
|---|---|
| Ending a private lease early (Utah) | A termination fee of one month's rent, plus rent for any days you stay after notice |
| Ending a private lease early (Washington) | Rent through the end of the month you leave |
| Ending a private lease early (New York) | Rent prorated to your end date |
| Ending a private lease early (Colorado) | Up to one month's rent, only if the landlord documents real losses |
Ending a private lease early: state examples
VAWA covers federally assisted housing. For a regular private lease, state law decides whether you can leave early. These are examples from each state's own law; rules differ, so check yours.
Utah
A renter who is a domestic violence victim can end future lease obligations by giving the landlord a court protective order or a police report showing they weren't the main aggressor, written notice with a move-out date, and a fee of one month's rent. You must move out within 15 days and can't use this after an eviction notice is served. A crime victim can also make the landlord change the locks, at the renter's cost. Utah's code page shows this law is set to be replaced by a new version on January 1, 2027, so check the current text before you act.4
Washington
Survivors of domestic violence, sexual assault, stalking or unlawful harassment can end a lease with written notice and either a protection order or a signed record from a qualified third party, such as an advocate. Ask within 90 days of the incident. You owe rent only through the month you leave, and the landlord can't keep your deposit just for the early end.5
New York
Give written notice with an end date at least 30 days out. Within 25 days, give one of these: an order of protection, a police record, a health care record, or a statement from a qualified third party. Rent is prorated to the end date.6
Colorado
Since a 2025 law, a survivor can use a signed self-statement, a letter from an advocate or other professional, a police report from the past 120 days, or a protection order. The landlord can charge at most one month's rent, and only with documented losses.7
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Questions people ask
Can my landlord evict me because of domestic violence?
Not in public housing, Section 8 or other HUD-covered housing. VAWA bars eviction because you're a survivor and says the abuse isn't a lease violation against you. A provider can still evict for unrelated violations.
Do I need a police report to use VAWA?
No. HUD says a provider can't require one. You can use HUD form HUD-5382, a letter from an advocate, lawyer or medical professional, or a court or police record.
What is an emergency transfer?
A move to a safer unit when you reasonably fear more violence if you stay. Ask in writing using form HUD-5383. Every covered provider must have a plan for these moves.
Can the abuser be taken off my lease?
Yes. A HUD-covered provider may split the lease to remove the abuser while you stay. If the abuser held the assistance, you get 90 days to qualify yourself or find other housing.
Can I break my lease because of domestic violence?
In many states, yes, with notice and proof such as a protective order. Utah, Washington, New York and Colorado all have rules. The cost and timing differ by state.
Keep going: more first-step guides
Sources
Official pages, read in October 2026. Rules change. If something here looks out of date, please let us know at hello@riseaid.org and we'll fix it.
- 1.U.S. Department of Housing and Urban Development. Your rights under the Violence Against Women Act (VAWA)
- 2.Code of Federal Regulations, 24 CFR Part 5, Subpart L. Protection for victims of domestic violence, dating violence, sexual assault, or stalking (§§ 5.2005, 5.2007, 5.2009)
- 3.U.S. Department of Housing and Urban Development. Form HUD-5383: Emergency transfer request
- 4.Utah Code. Section 57-22-5.1: crime victim's right to new locks; domestic violence victim's right to terminate rental agreement (effective May 7, 2025)
- 5.Revised Code of Washington. RCW 59.18.575: victim protection, notice to landlord, termination of rental agreement
- 6.New York State Senate. Real Property Law § 227-C: termination of residential lease by victims of domestic violence
- 7.Colorado General Assembly. House Bill 25-1168 (signed): protections for victim-survivors in housing