Housing instability and domestic violence create a vicious feedback loop for victim-survivors: experiencing domestic and other gender-based violence can impact existing safe housing, while experiencing housing insecurity can leave some victim-survivors more vulnerable to abusive tactics. Safe and stable housing is also essential to a victim-survivor’s ability to leave an abusive relationship: often, an abuser relies on coercive emotional, physical, and financial control to prevent their victim from leaving their shared home. In addition to the physical benefits shelter provides, a stable and independent home also contributes to a victim-survivor’s sense of autonomy and psychological and emotional wellbeing.
That’s why we know that housing justice is gender justice, and why we want to shine a light on the intersection of housing and domestic violence as we begin Domestic Violence Awareness Month (DVAM).
Nationwide, approximately 63% of unhoused women have experienced domestic or sexual violence. Colorado is not immune from this trend: approximately 11% of Coloradans experiencing homelessness reported fleeing domestic violence. Victim-survivors face many barriers to accessing and maintaining stable housing, including economic abuse that leaves victim-survivors with little financial power to obtain and pay for housing, isolation from support networks and resources, and acute safety concerns.
But tenants who experience domestic violence have powerful legal protections to support their pursuit of safe and secure housing. Below is a brief overview of certain Colorado and federal housing laws. If you have questions about your rights, contact CPLP to be connected to a housing attorney.
For tenants with a federally funded housing voucher or whose landlord participates in certain federally financed housing programs, the Violence Against Women Act (VAWA) affords certain housing protections.
Under VAWA, tenants are entitled to certain defenses to eviction, the ability to request an emergency transfer to a safer unit, an option to either terminate their lease or to remove the abuser from the home, and the opportunity to maintain their housing support following abuse.
Housing providers may not deny admission to, evict from, or terminate housing support for a tenant who has experienced actual or threatened domestic violence, dating violence, sexual assault, or stalking.
VAWA also prohibits coercion, intimidation, threats, interference with, or retaliation against any person who exercises or attempts to exercise their rights under VAWA.
Certain documentation might be required for a tenant to avail themselves of VAWA’s protections.
Fill out our Intake Form to see if VAWA applies to your housing or if you have questions about a specific situation.
Colorado state law also has protections for all tenants in the state, including those without federal housing subsidies.
Under Colorado law, a tenant who has experienced domestic violence or abuse, sexual assault, stalking, or other unlawful sexual behavior has the right to safely and confidentially break their lease without penalty. A victim-survivor needs to provide specific types of documentation to their landlord to invoke this protection.
Defenses might be available for tenants who have experienced domestic violence or domestic abuse and face eviction for a lease violation unrelated to the non-payment of rent.
A landlord may not prevent a tenant from calling for emergency support or the police following an episode of domestic or intimate partner violence, and they cannot retaliate against a tenant for seeking this support.
Fill out our Intake Form for more information about Colorado-specific laws or if you have questions about a specific situation.
CPLP recently launched the Gender Advocacy in Housing Initiative, which provides holistic advocacy for tenant victim-survivors of domestic and sexual violence, stalking, and unlawful sexual behavior through legal representation, education and awareness campaigns, community advocacy, and housing navigation support. We work with our dedicated community partners to create a multidisciplinary support system for victim-survivor tenants, including
Housing stability can help empower and protect victim-survivors as they heal from domestic violence. CPLP pursues housing justice for victim-survivors to support them in their new, safe futures.
If you or a victim-survivor you know needs help with a housing issue or help finding wrap-around services in your county, please fill out an intake form under the Get Help tab above.
Sources:
National Network to End Domestic Violence, “The Impact of Safe Housing on Survivors of Domestic Violence."
Colorado Coalition for the Homeless, “The Colorado State of Homelessness Report 2023."
NOTE: Information current as of the date of posting. This blog post provides general legal information about Colorado and federal housing law. It is not legal advice specific to case, situation, or tenant and does not create an attorney-client relationship between the Colorado Poverty Law Project and any reader. No person should attempt to interpret or apply any law without the assistance of an attorney. Please contact an attorney should you wish to obtain advice concerning any particular legal matter. The opinions expressed in this communication are those of the author and not those of the Colorado Poverty Law Project or its funding sources.
Comentários