If you are a survivor of domestic violence, dating violence, sexual assault, or stalking – and it’s not safe for you to stay in your unit – and you live in some housing units subsidized by the U.S. Department of Housing and Urban Development (HUD), you may be eligible:
The Violence Against Women Act (VAWA) provides protections for victims of domestic violence, dating violence, sexual assault, or stalking. (Although the law names “women,” VAWA rights and protections apply to all victims of domestic violence, dating violence, sexual assault or stalking.) HUD is the Federal agency that oversees compliance for HUD-funded housing programs covered by VAWA.
Under VAWA, covered housing providers must allow tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to request an emergency transfer from the tenant’s current unit to another unit.
Victims of domestic violence, dating violence, sexual assault, and stalking may be eligible for an emergency transfer if they have a reason to fear that if they do not receive a transfer, they would suffer violence in the very near future. In addition, a victim of sexual assault may also qualify for an emergency transfer if the sexual assault occurred on the premises of the property from which they are seeking a transfer, and that assault happened within the 90-calendar-day period before they request the transfer.
When you are unable to stay in your federally subsidized unit because of domestic violence, dating violence, sexual assault, or stalking, you may be able to request an emergency transfer. Additionally, under certain HUD programs, including the Housing Investment Partnerships (HOME) and Housing Trust Fund (HTF) programs, you may be able to get out of your lease early without penalty, or stay in your unit while your abuser leaves.
To do any of these, your landlord may require that you document that you qualify for an “emergency transfer” under VAWA . For more information about the Emergency Transfer Plan (ETP) and VAWA Notice for covered housing units funded under the HOME and HTF programs through DHCD, see the links below.
If you are determined to be qualified, your landlord may put you on a list to move you to a different unit in the housing development or other development under their control. If they do this, you would not have to apply as a new applicant. Sometimes a landlord will not have a unit available that is the right size or that you will think is safe for you. If that happens, you can wait for a unit with your landlord and/or you can ask to be placed on an “external wait list” at another development. If you are placed on an “external wait list”, you will be categorized as a new applicant with that housing provider/owner.
Casa Myrna can support you through this process. We can:
To request documentation of qualification for an emergency transfer under VAWA through Casa Myrna for DHCD-assisted HOME/HTF covered units, you must submit a written request to ETP@casamyrna.org through the Emergency Transfer Request form (HUD- 5383) below. You may document that you are a victim of domestic violence, dating violence, sexual assault, or stalking through the Certification form (HUD-5382) form below.
You may also contact Casa Myrna at 617-521-0106 or ETP@casamyrna.org for assistance with this process. Casa Myrna also provides reasonable accommodations to for persons with disabilities and language assistance for persons with limited English proficiency.
We will ask you for some information about your situation and have you sign a release of information. We will also help you determine if you live in a covered unit. Then, if it seems like you’re qualified, we’ll give you a letter to give your landlord documenting your qualification for an emergency transfer. If you want us to give it to them, we can do that, too.
Massachusetts General Laws Chapter 186, sections 23 through 29, also provide protections for victim of domestic violence, rape, sexual assault or stalking. The Massachusetts law includes the right to have your locks changed if you believe you are under imminent threat of domestic violence, rape, sexual assault or stalking (section 26), and the right to terminate your rental agreement early by written notification to your landlord in accordance with the terms of the statute (section 24).
