TEMPLATE LETTER:

Requesting a Subsidized Housing Provider Reconsider Your Application After Being Denied Housing Because You Are a Survivor of Domestic Violence

As explained in FVAP’s Illegal Discrimination Against Survivors of Domestic Violence Looking for Subsidized Housing tip sheet, it is illegal for subsidized housing providers covered by the Violence Against Women Act (“VAWA”) to deny housing to a survivor of domestic violence because they are a survivor of domestic violence. Unfortunately, covered subsidized housing providers still deny people housing because they are survivors of domestic violence. Therefore, FVAP created a template letter that survivors can use to demand the covered subsidized housing provider reconsider their housing application because the application.

This packet includes two template letters, one that can be filled out electronically and one that can be printed and filled out by hand. Survivors and advocates using the electronic template should fill out the highlighted areas and either: (1) choose the example that correctly explains why their housing application denial was caused by domestic violence, or (2) write their own explanation of why their housing denial was caused by domestic violence. Survivors and advocates using this template can select the subsidized housing provider that denied them housing from the drop down menus, which are located where it is says Choose an Item.

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. Advocates and survivors using this template should complete the blank lines that correspond to the phrase Choose an Item on the electronic template with housing provider’s subsidized housing type. VAWA covers these subsidized housing types:

Public Housing	Section 8 Housing Choice Voucher program
Section 8 project-based housing	Section 202 housing for the elderly
Section 811 housing for people with disabilities	Section 236 multifamily rental housing
Rural Development (RD) multifamily housing	HOME
Low-Income Housing Tax Credit (LIHTC) housing	McKinney-Vento Act homeless programs
Housing Opportunities for Persons with AIDS (HOPWA)	Section 221(d)(3) Below Market Interest Rate (BMIR) housing

Find out the housing provider’s subsided type by visiting https://nhpd.preservationdatabase.org/Account.

When using the electronic or printed template, the survivor should date and sign the letter and keep a copy of the completed letter for their records. If the survivor or advocate does not have access to a copier, they may photograph the final document before giving it to the housing provider. Keeping a copy or photograph of the letter may be important to prove the survivor requested reconsideration of their application.

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 to reconsider my application for rental unit at [insert housing address]

Dear [addressee]:

On [insert date], I applied for rental housing at [insert address]. Unfortunately, my application was not approved because [examples: I have an eviction in my record/ I have bad credit/ I have a criminal history]. Because [examples: the eviction/my bad credit/my criminal record] was the direct result of domestic violence committed against me, and Choose an item. is covered by the Violence Against Women Act (“VAWA”), you must reconsider my application.

VAWA is a federal law what requires Choose an item. not deny survivors of domestic violence housing because they are survivors of domestic violence. (34 U.S.C. § 12491(b)). As a result, a housing applicant cannot be denied because of something that was a direct result of domestic violence. Specifically, the U.S. Department of Housing and Urban Development states that a covered housing provider, such as Choose an item. cannot “denying assistance or admission, . . . based on an adverse factor, if the adverse factor is determined to be a direct result of the fact that the applicant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking.” (U.S. Dept. of Hous. & Urban Develop., Notice PIH-2017-08 (HA) (May 19, 2017)). Therefore, as explained below, because [example: the evection/my bad credit/my criminal history] was the direct result of domestic violence committed against me, you must reconsider my application.

[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.

I am a survivor of domestic violence and [example: the eviction/my bad credit/my criminal history] was a direct result of domestic violence. My housing application may not be denied because of [example: the eviction/my bad credit/my criminal history], and pursuant to federal law, you must reconsider my application.

Thank you for the opportunity to explain [example: the eviction/my bad credit/my criminal history] and how it was a direct result of domestic violence. I request that my status as a survivor of domestic violence be kept confidential as required by and in accordance with federal law. (34 U.S.C. § 12491(c)(4)) [OPTIONAL: If you deny my housing application because I am a survivor of domestic violence, I have several legal remedies, including filing a complaint with the Department of Housing and Urban Development for violations of the Fair Housing Act and filing suit in federal 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 to reconsider my application for rental unit at _______________________

Dear ________________,

On ________________, I applied for rental housing at _______________________. Unfortunately, my application was not approved because _____________________________________________. Because _____________________________________________ was the direct result of domestic violence committed against me, and_______________________ is covered by the Violence Against Women Act (“VAWA”), you are required to reconsider my application.

VAWA is a federal law what requires _______________________ not deny housing to survivors of domestic violence housing because they are survivors of domestic violence. (34 U.S.C. § 12491(b)). As a result, a housing applications cannot be denied because of something that was a direct result of domestic violence. Specifically, the U.S. Department of Housing and Urban Development states that a covered housing provider, such as _______________________ cannot “denying assistance or admission, . . . based on an adverse factor, if the adverse factor is determined to be a direct result of the fact that the applicant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking.” (U.S. Dept. of Hous. & Urban Develop., Notice PIH-2017-08 (HA) (May 19, 2017)). Therefore, as explained below, because _____________________________________________ was the direct result of domestic violence committed against me, you must reconsider my application.

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Therefore, I am a survivor of domestic violence and ________________________________________________ was a direct result of domestic violence. As a result, my housing application may not be denied because of _____________________________________________________ and you must reconsider my application.

Thank you for the opportunity to explain _______________________________________________ and how it was a direct result of domestic violence. I request that my status as a survivor of domestic violence be kept confidential as required by and in accordance with federal law. (34 U.S.C. § 1294(c)(4)) ___________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Sincerely,

___________________________

___________________________

Enclosures: ___________________________

Also, included survivors of dating violence, sexual assault, and stalking. 34 U.S.C. § 12491(b).

This includes the Emergency Solutions Grants program, the Continuum of Care program, and the Rural Housing Stability Assistance Program.