TEMPLATE LETTER:

Requesting a Landlord or Property Manager Stop Treating You Unfavorably Because You Are a Survivor of Domestic Violence

As explained in FVAP’s Illegal Discrimination Against Survivors of Domestic Violence Looking for Housing tip sheet, it is sometimes illegal for landlords and property managers to give a survivor of domestic violence less favorable rental agreements because they are a survivor of domestic violence. Unfortunately, landlords and property managers still give survivors of domestic violence less favorable rental agreements, such as higher rents or security deposits, because they are a survivor of domestic violence. FVAP has created a template letter that survivors of domestic violence can give landlords or property managers that explains the law and asks the landlord or property manager to give the survivor the same treatment as other tenants, such as the same rental rate and/or security deposit requirement.

This packet includes a template letter that can be filled out electronically and a template letter that can be printed and filled out by hand. Survivors and advocates using the electronic template must fill out the highlighted areas and either (1) choose the reason explaining why their less favorable rental offer was caused by domestic violence, or (2) write their own explanation of why their less favorable rental offer was caused by domestic violence.

Advocates and survivors using the template letter that can be printed and filled out by hand should use the electronic template as a guide for what information to fill into the blank lines.

When using the electronic or printed template, survivors should date and sign the letter and keep a copy of the completed letter for their records. If you do not have access to a copier, take a picture of the final document before giving it to the potential landlord or property manager.

How do I get more assistance? Contact FVAP at info@fvaplaw.org or (510) 858-7358 for questions.

[ELECTRONIC TEMPLATE]

[Survivor Name]

[Survivor Contact Address]

[Insert Date]

[PROPERTY MANAGER/LANDLORD]

[Addressee]

[Addressee’s Address]

Re: Request for Equal Treatment

Dear [addressee]:

On [insert date], I applied for rental housing at [insert address]. My housing application was accepted, but you are requiring I [example: pay higher rent/ pay a higher security deposit] because [examples: I have an eviction on my record/ I have bad credit/ I have a criminal history], which was caused by domestic violence committed against me. Requiring all tenants with [example: past evictions/bad credit/criminal records] to [example: pay a higher rent/ pay a higher security deposit] may have a disparate impact on women because most survivors of domestic violence are women, so a policy requiring all tenants with [example: past evictions/bad credit/a criminal record] to [example: pay a higher rent/ pay a higher security deposit] is illegal discrimination under the Fair Housing Act. (42 U.S.C. § 3604; Sara K. Pratt, U.S. Dept. of Housing and Urban Dev., Office of Fair Hous. & Equal Opportunity, Assessing Claims of Housing Discrimination against Victims of Domestic Violence under the Fair Housing Act and the Violence Against Women Act (2011).) As explained below, because [example: the past evection/my bad credit/my criminal history] was the result of domestic violence committed against me, and requiring all tenants [example: pay a higher rent/ pay a higher security deposit] because of [example: past evictions/bad credit/criminal history] may have a disproportionate negative impact on domestic violence survivors, and therefore women, you may not require I [example: pay a higher rent/pay a higher security deposit].

[Examples of Domestic Violence Causing Eviction: Choose One or Write Your Own]

The eviction from [insert date] was a direct result of domestic violence because my abuser damaged the rental property during the abuse and I was evicted because of the damage.

The eviction from [insert date] was a direct result of domestic violence because abuse forced me to flee the home I shared with my abuser. After I moved out, my abuser was evicted. Because my name was on the lease, I was named in the eviction, and the eviction now appears in my tenant history.

The eviction from [insert date] was a direct result of domestic violence because I was evicted due to too many 911 calls and law enforcement visits. The 911 calls and law enforcement visits were in response to domestic violence committed against me.

The eviction from [insert date] was a direct result of domestic violence because my abuser’s abusive behavior created a nuisance at my former residence. I was evicted because of the nuisance my abuser’s abusive behavior created.

The eviction from [insert date] was a direct result of domestic violence because my abuser had coercive control over me and controlled my money. Because my abuser controlled my money, I was unable to pay rent and was evicted.

[Examples of Domestic Violence Causing Bad Credit: Choose One or Write Your Own]

My bad credit is a direct result of domestic violence because my bad credit history is the result of my [ex-spouse’s/ex-partner’s] financial abuse of our resources. My [ex-spouse/ex-partner] was abusive and controlled our financial resources. When I [example: filed for divorce/separated from] my abusive [ex-spouse/ex-partner] retaliated [examples: by running up debt in our names/failing to make payments on shared debts]. I was not able to pay off the debts my abuser created and now I have bad credit. Therefore, my bad credit is a result of domestic violence.

My bad credit is a direct result of domestic violence because my bad credit history was caused by my abuser. I was in an abusive relationship, and as part of the abuse, my abuser created debts in my name and controlled my finances. As a result of the abuse, I have poor credit history. Therefore, my bad credit is a direct result of domestic violence.

[Examples of Domestic Violence Causing Criminal History: Use Template or Write Your Own]

My criminal history is a direct result of domestic violence because my abuser’s abuse caused me to be arrested. I am a survivor of domestic violence. Law enforcement responded to an incident where my abuser was [examples: physically abusing me/threatening to physically abuse me/yelling at me/throwing things]. Because [examples: I defended myself/my abuser spoke English better than me/ my abuser spoke to law enforcement first/l was the same sex as my abuser/ my abuser manipulated law enforcement] I was arrested [examples: instead of my abuser/with my abuser].

My criminal history is a direct result of domestic violence because I was arrested for protecting my [child/children] from my abuser. I am a survivor of domestic violence. I survived domestic violence caused by my [child’s/children’s] abusive parent. I violated our custody order to protect my [child/children] from their abusive parent. I was arrested for violating our custody order, so my criminal history is a direct result of domestic violence.

Therefore, I am a survivor of domestic violence and [example: the eviction/my bad credit/my criminal history] was a direct result of domestic violence. So, under federal law, my [example: rent may not be higher/security deposit my not be higher] than other tenants because of [example: the eviction/my bad credit/my criminal history].

Thank you for the opportunity to explain [example: the eviction/my bad credit/my criminal history] and how it was a result of domestic violence. [OPTIONAL: If you do not offer me the same rental conditions as other tenants because I am a survivor of domestic violence, I have several legal remedies, including filing a complaint with the Department of Justice for violations of the Fair Housing Act and/or filing suit in federal or state court. To avoid liability please reconsider my housing application.]

Sincerely,

[Survivor’s Signature]________________

[Survivor’s Name Printed]

Enclosures: [list what you are enclosing]

___________________________

___________________________

___________________________

___________________________

_______________

___________________________

___________________________

___________________________

___________________________

Re: Request for Equal Treatment

Dear ________________,

On ________________, I applied for rental housing at ___________________________________. My housing application was accepted, but you are requiring I ________________________________________________ because ______________________________________________, which was caused by domestic violence committed against me. Requiring all tenants with ________________________________________________ to _____________________________________________________ may have a disparate impact on women because most survivors of domestic violence are women, so a policy requiring all tenants with _______________________________________ to _______________________________________ is illegal discrimination under the Fair Housing Act. (42 U.S.C. § 3604; Sara K. Pratt, U.S. Dept. of Housing and Urban Dev., Office of Fair Hous. & Equal Opportunity, Assessing Claims of Housing Discrimination against Victims of Domestic Violence under the Fair Housing Act and the Violence Against Women Act (2011).) As explained below, because ______________________________________________ was the result of domestic violence committed against me, and requiring all tenants _______________________________________ because of _______________________________________ may have a disproportionate negative impact on domestic violence survivors, and therefore women, you may not require I _____________________________________.

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Therefore, I am a survivor of domestic violence, and ________________________________________was a caused by domestic violence. So, under federal law my ________________________________________ than other tenants because of ________________________________________.

Thank you for the opportunity to explain ________________________________________ and how it was caused by domestic violence. __________________________________________________________________

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Sincerely,

___________________________

___________________________

Enclosures: ___________________________

Sara K. Pratt, U.S. Dept. of Housing and Urban Dev., Office of Fair Hous. & Equal Opportunity, Assessing Claims of Housing Discrimination against Victims of Domestic Violence under the Fair Housing Act and the Violence Against Women Act (2011).