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Housing Rights for Family Violence Survivors

Protection from Violence or Abuse

This article provides an overview of your housing rights as a survivor of family violence.
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Here, learn about your housing rights as a survivor of family violence, including early lease termination, public housing rights, kick-out orders, the Address Confidentiality Program, seeking emergency assistance, and utility deposit waivers.

This article was compiled from information written by the Office of the Attorney General of Texas, the U.S. Department of Housing and Urban Development (HUD), and Texas Council on Family Violence.

What if I need to get out of a lease because of family violence?

If you, or someone living in your home is a victim of family violence you may be eligible to terminate your lease without penalty.

To learn more, read Early Lease Termination for Victims of Family Violence.

Is it possible to force an abuser to leave the home?

Yes. It is possible to force an abuser to leave the home. Apply for a protective order that specifically asks for a kick-out order. To learn more, read Kick-Out Orders.

What protections do I have if I live in public housing?

The Violence Against Women Act (VAWA) provides housing protections for survivors of domestic violence, dating violence, sexual assault, or stalking. These protections apply to all individuals, regardless of sex, sexual orientation, or gender identity.

If you live in public housing, a housing authority property, a voucher program, or other federally assisted housing, VAWA may protect your right to stay in your home. These protections may also extend to others in your household.

VAWA covers many HUD-funded programs, including public housing, Section 8 rental assistance, homeless assistance programs, and housing for the elderly or disabled. It also applies to other federally supported affordable housing programs.

Under VAWA, you cannot be denied housing or evicted just because you are a survivor. If your safety is at risk, you can request an emergency transfer to another unit. Your housing provider must keep your information confidential and cannot share it without your consent unless required by law.

If an abusive household member is removed from the lease, you may be allowed time to establish eligibility for continued housing. You also have the right to seek emergency assistance without fear of penalties like eviction or fines.

Housing providers cannot retaliate against you for asserting your rights under VAWA. If needed, you may submit HUD-approved forms to document your situation.

To learn more, visit the HUD website for VAWA housing resources and forms.

What if my VAWA rights were violated?

If you believe your VAWA rights have been violated, you can file a complaint with HUD’s Office of Fair Housing and Equal Opportunity (FHEO). You can also find out more about the complaint process. These sites provide information in multiple languages and include instructions for filing a complaint online on HUD’s website and by email, mail, or telephone.

What is the Address Confidentiality Program?

If you’ve been the victim of family violence, sexual assault, human trafficking, or stalking, the Address Confidentiality Program (ACP) can help you keep your address confidential.

The ACP provides a substitute post office box address and mail forwarding service.

This helps prevent your actual address from being revealed in state government documents and files while still allowing you to receive and send mail. You can use this substitute P.O. box instead of your actual address on forms, such as driver's license, voter registration and school registration.

The ACP doesn't guarantee safety, and it's not a witness protection program, but it's a helpful part of an overall safety strategy.

Note: Nongovernmental organizations, such as banks and private utilities, are not required to accept this substitute address. But if you describe why you use it, some of these organizations may do so.

How do I apply for the ACP?

To apply to the ACP, you must complete an application and can do so by:

  • Meeting with a victim’s assistance counselor from a state or local agency or other organization that provides shelter or legal services to eligible victims, or

  • Completing an application on your own and providing a copy of a protective order or temporary injunction in place, or documentation of family violence, sexual assault or stalking

When you complete the application, you are designating the attorney general to receive mail on behalf of the victim and all family members who reside with the victim.

Download an application and the Address Confidentiality Checklist or call the ACP at 888-832-2322 to request an application.

What happens when my ACP application is approved?

You will receive an authorization card from the ACP that includes your substitute post office box address. You can use this address to receive first-class mail and legal documents.

All first-class mail and legal documents will be promptly forwarded to your physical address. Mail such as magazines, catalogs and packages (including medical prescriptions) will not be forwarded.

You must renew participation every three years.

Can my landlord evict me for calling the police to respond to domestic violence?

If you are a victim of family violence renting in Texas, you have the right to seek police or emergency assistance in response to family violence at any time. A landlord cannot evict or penalize you for the presence of police or emergency assistance at your residence due to family violence. A landlord cannot ask you to waive this right in a lease or at any point.

Can I get a utility deposit waiver if I am a victim of family violence?

If you are a victim of family violence, you may be able to get deposits for utilities such as gas, telephone, and electricity services waived.

To learn more, read How to get a Utility Service Deposit Waiver for Victims of Family Violence and Other Victims of Crime.

Leaving an Unsafe Home: Breaking Your Lease in Texas

Additional Information

To access local resources, visit the Survivor Resources page on the Texas Council on Family Violence website, or search the Local Resources page on the National Domestic Violence Hotline website.

To contact the National Domestic Violence Hotline, call 800-799-SAFE (7233), text "START" to 88788, or live chat on the website.

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