4.1.4 Eviction

VAWA establishes an exception to the federal “one-strike” criminal activity rule. Criminal activity that is directly related to domestic violence, dating violence, or stalking does not constitute grounds for terminating assistance, tenancy, or occupancy of the victim or an immediate family member of the victim.1  However, a PHA or owner may still evict a tenant if the PHA or owner can demonstrate an “actual or imminent threat” to other tenants or employees of the property if the tenant is not evicted.2  VAWA also does not protect tenants for acts for which they are being evicted if those acts are unrelated to domestic violence, dating violence, or stalking.3

A PHA or owner may bifurcate a lease to evict, remove, or terminate assistance to any tenant who is a participant in public housing or Section 8 programs and who engages in criminal acts of violence against family members or others.4

PHAs and owners may, but are not required to, ask an individual for certification that he or she is a victim of domestic violence, dating violence, or stalking if the individual seeks to assert VAWA’s protection. Any request for certification must be in writing.5

• 134 U.S.C. § 12491(b); see also 42 U.S.C. §§ 1437d(l)(5), 1437f(c)(9)(B), (d)(1)(B), (o)(7)(C), (o)(20)(A).
• 2See 42 U.S.C. §§ 1437d(1)(6)(E), 1437f(o)(7)(D)(v), (20)(D)(iv).
• 3See 42 U.S.C. §§ 1437d(1)(6)(D), 1437f(c)(9)(C)(iv), (o)(20)(D)(iii).
• 434 U.S.C. § 12491(b)(3)(B); see also 42 U.S.C. §§ 1437d(1)(6)(B), 1437f(o)(7)(D).
• 5See 42 U.S.C. §§ 1437d(u)(l), 1437f(ee)(1).