Domestic Violence Survivors and Housing: What Organizations Need to Know

DOMESTIC VIOLENCE

SURVIVORS AND HOUSING

What Housing and Homeless

Organizations Need to Know

1

OUTLINE

1.

2.

3.

a)

b)

c)

d)

2

OUTLINE (cont.)

4.

Legal Protections for Domestic Violence

Survivors (34-49)

5.

Scenarios for Discussion (50-63)

6.

Resources  (64-65)

7.

Acknowledgements (66)

3

More than shelter….

“The availability of safe, affordable, and stable housing

can make a critical difference in a woman’s ability to

escape an abusive partner and remain safe and

independent.  Without viable housing options, many

battered women, particularly those already living in

poverty, are forced to remain in abusive relationships,

accept inadequate or unsafe housing conditions, or

become homeless and perhaps increase their risk of

sexual and physical violence.”

-Anne Menard

4

Section 1: DV and Homelessness

Why Talk About DV?

•

DV is a leading cause of homelessness for

women and children (families) in the U.S.

o

Survivors often must leave housing to escape DV

o

May be evicted due to abuser’s behavior

o

DV interferes with ability to access housing - bad

credit, poor rental histories, safety needs

o

Abusers sabotage survivor’s economic stability -

trouble paying deposit, rent and utilities

5

Housing Insecurity

•

Homelessness is only one end of a continuum of

housing problems faced by DV survivors

–

Missed or late payments for rent/utilities

–

Compromises: selling belongings or skipping food

to make payments

–

Ineligibility for housing services due to credit,

landlord, or criminal justice problems

•

Some families face barriers to using emergency

shelters

•

Disproportionate number of survivors of color

among the homeless

6

Why Survivors May Go to Homeless

Programs

•

DV shelters lack capacity; often prioritize the

highest degree of 

current DV danger 

(regardless

of street danger)

•

Over half of the survivors who identify a need for

housing services upon fleeing abusive homes

don’t receive them

•

Survivors often faced with choice of return to

abuse or coping  with chronic homelessness with

little hope of housing

7

Section 2

RECOGNIZING AND RESPONDING

TO DOMESTIC VIOLENCE

8

Identification and Screening

•

Some survivors self-identify or are referred by

DV agency

•

For others… welcome/intake protocol must

include asking about DV safely, respectfully, and

universally

•

Survivor and abuser may show up together,

both needing services – program must address

safety issues without victim blaming or

increasing danger

9

Common Pitfalls

•

Screening out due to danger

•

Unintentionally re-victimizing or increasing

danger - usually via policies meant to increase

safety (ex. requiring a protective order)

•

Forgetting the survivor is 

the

 expert in her own

life and situation

•

Competing instead of collaborating

10

A Few Practices to Avoid

•

Asking survivor about DV in abuser’s presence

•

Giving her written materials when it’s not safe

•

Blaming her for damage or danger caused by the

abuser

•

Expecting she can “control” his behavior (ex.

showing up at her unit uninvited)

•

Setting eligibility criteria that prevent access to

services or increase danger

11

Pairing Housing Help with

DV Know-How is Powerful

•

DV interferes with housing access and with success in

maintaining it

•

Even once in new housing, abuse may remain an issue;

abusers often sabotage attempts to live independently,

and some trauma impacts are slow to resolve

•

Survivors who can’t maintain their housing are highly

vulnerable to return/re-abuse

•

Specialized, DV-informed, tailored services can address

these interacting factors and be the difference in

survivors’ ability to truly embed safety in their lives

12

Understanding the Dynamics

•

DV is a pattern of coercive power and control

•

Abuser’s behavior often affects survivor’s

choices and behavior – both to increase her

own safety and to cope

•

Survivors have real fears, beyond physical safety

(ex. deportation; losing custody)

•

May seem difficult to identify victim vs. abuser

13

The Need for a DV Lens

•

Denials, evictions, ruined credit, lease terminations

often based on violence/abuser interference

•

Survivors experience discrimination based on status

as victims

•

High density/high violence in public housing

complexes may place women at continued risk,

trigger trauma

•

Stalking, harassment, on-going violence and threats

by the perpetrator may occur even after survivor is

housed

14

The Need for a DV Lens: Children

•

More than half of DV survivors live in households with

children under 12

•

47% of homeless school-aged children and 29% of

homeless children under 5 have witnessed domestic

violence in their families

•

Exposure to violence significantly impacts on

development, behavior, education, health, mental

health, and increased risk- taking behaviors as

adolescents and adults

15

DOMESTIC VIOLENCE ADVOCACY

•

Trauma Informed, Survivor Driven

•

Strength Based 

•

Emotional & Physical Safety Oriented

•

Voluntary Services Approach – Self Directed

16

Section 3

Confidentiality: The Cornerstone

•

Federally funded programs (VAWA, HUD) have statutory

requirements to protect survivor confidentiality

•

Best practice is to afford all survivors basic safeguards of

confidentiality, regardless of statute or funding (ex. Release

of Information)

•

Examine all program aspects for breaches of confidentiality

– use of technology, sharing paperwork, using personally

identifying info. in public, etc.

•

When in doubt, ask her. 

Which info. is OK to share? Is it OK

to leave a message? Should we have a code word?

17

Issues That Can Challenge Stabilization

•

Trauma impacts (survivor and children)

•

Ongoing legal issues

•

Fears about child custody, deportation

•

Stalking-prone abuser

•

Interrupted/sabotaged employment history

•

Criminal record

•

Chemical dependency

•

Bad credit, inexperience with handling money

•

Pets often part of the household

18

Keying in on Trauma

•

Trauma: When external threat overwhelms coping

resources; for survivors, an ongoing  state of being

•

Brain becomes hyper-vigilant – scanning for danger,

sensing/reacting to perceived threat

•

PTSD symptoms are seen as the behavioral

manifestation of  all of these changes

•

Trauma responses are 

completely normal 

for a human

being who’s adapted to a traumatizing life – BUT – may

interfere with survivors’ ability to enact patterns and

behaviors it takes to maintain housing

•

Trauma also affects how people approach services

19

How Trauma May Show up

•

Difficulty with emotional regulation

•

Hyper-arousal, flashbacks, nightmares, startle reaction

•

Memory and concentration problems

•

Pain, sleep disturbances, illness, substance abuse issues

•

Short attention span; easily distracted

•

Slowed thinking, difficulty with decisions

•

Intrusive thoughts, confusion

•

Changed sense of self, others, and the world

•

Loss of sense of time and space

•

Trouble with abstract concepts, complex directions

20

Survivors May Need Advocacy

Around Trauma

Trauma may be mistaken for:

•

Apathy

•

Poor self-worth

•

Lack of follow-through, unreliability

•

Disinterest in getting help

•

Uncooperative or oppositional manner

•

“Spaciness”

•

Poor judgment, inability to make good choices

•

Deeper mental health issues

21

Historical Trauma

•

Also called 

multi-generational 

trauma or

trans-generational

 trauma

•

Trauma that is 

passed on from one generation

to the next

 because of psychological, social,

and environmental traumatic conditions and

stressors that are unresolved within a family

system, community, or population

22

Destruction of Culture

•

The trauma inflicted on people was also directed

at the 

removal and destruction of culture

.

•

Language, spirituality, sense of family structure

were systematically destroyed.

•

Boarding schools were a place that systematically

attempted to destroy the family system and the

sense of family.

•

The destruction of culture left many people

empty and searching for their soul.

23

Why is this important

?

•

Many of the problems we face in families and

communities can be directly linked to the

multi-generational/trans-generational

trauma.

•

For each generation that doesn’t address

historical trauma, the trauma effects carry

forward to the next generation.

24

Internalized Oppression

Violence gone inward; when violence gets internalized we then

see some of the following:

1.

Addictive behaviors

2.

Depression/suicidal ideation

3.

Chronic physical problems such as diabetes, hypertension

These life conditions can be interpreted as violence towards

one’s self.

4.

Loss of identity making it easier to commit violence towards

one’s self or the ones closest to us.

25

Where do we go from here?

•

Interventions must include socio-historical factors

•

Community programs must insist on cultural competency,

otherwise the historical trauma continues to be reinforced

•

People working in the community must know and

demonstrate that they have competency to work in the

community

•

Trans-generational trauma must be addressed by providers

and they must take responsibility for their part in this history

26

How Can Your Program Help with Safety?

•

Have policies in place with your DV agency

partner for emergent needs

•

Help the victim with other safe housing resources

within your program or another program

•

Help the abuser with resources if s/he becomes

homeless due to exclusion from the unit

•

Don’t judge or restrict the level of contact they

might need to have with each other

27

Immediate Safety

•

Listen to the survivor and ask what s/he needs

•

If the abusive partner is also a resident or

housing applicant, do not have safety-related

conversations with him/her present

•

Remember that the victim may use violence—

in self defense or to regain control over

her/his life

•

Utilize your DV agency partnership—either as

a referral or for consultation

28

Conversations

•

Safety planning is a process, not a one-time

event or check list.

•

Safety planning is tailored to the survivor’s life

and daily activities—each day may even be a

little different.

•

Ask the survivor what the abuser’s power and

control tactics are.

•

Survivor activities and abuser’s tactics will

guide the safety planning process.

29

Understanding the Abuser’s Role

•

Does he have visitation?

•

Was he the primary babysitter/transportation,

etc.?

•

Support vs. safety vs. isolation

•

Is he sabotaging her efforts?

30

Long-Term Safety Planning

Once a survivor has obtained

alternate/transitional or permanent housing,

maintaining safety remains a priority

•

Safety at home and with children

•

Financial safety and independence

•

Safety on the job and in pubic settings

•

Safety if I am using drugs or alcohol

31

Voluntary Services

•

Based on a philosophy and framework that emphasizes

providing information and encouraging 

true

 choice

•

Also called Empowerment Model, Harm Reduction, etc. –

term is less important than underlying principles and

practices

•

Shelter/housing eligibility is NOT contingent upon accessing

support services

•

Participant-driven and relationship-based

•

Intentionally focuses on whole person, including historical

and relational context, not a singular issue or deficit

32

Common Misconceptions

Voluntary Services means:

•

No rules, no expectations

•

A hands-off approach; participants always have to

initiate contact

•

Participants will “sit around and do nothing”

•

Staff can never intervene, even in a crisis

•

No-one can ever be terminated from services

•

Never knowing if your program is ‘working’

33

LEGAL PROTECTIONS FOR

DV SURVIVORS

34

Section 4

Violence Against Women Act 2005

•

Housing Strategies

.

•

Housing and Urban Development (HUD) Agency reporting

requirements imposed on public housing applicants must include

any plans to address domestic violence, dating violence, sexual

assault and stalking in their application.

•

McKinney-Vento Homeless Assistance Act and HMIS

. Homeless

Management Information Systems must protect the

confidentiality of victims of domestic violence, dating violence,

sexual assault and stalking seeking housing assistance. It requires

that grantees and  sub-grantees of HUD funding reasonably

protect the identity of victims by refraining from disclosing

personally identifying information. This section would also

prevent the Secretary from requiring a grantee to disclose the

identity of a client if the grantee reasonably believes that client is

the victims of domestic violence, dating violence, sexual assault,

or stalking.

35

Low Income Housing Voucher Program

& Public Housing - 

42 U.S.C. § 1437f 

&

42 U.S.C. § 1437d.

•

Someone who otherwise qualifies for admission or

assistance cannot be denied admission to public

housing or denied a Section 8 voucher on the grounds

that the person is or has been a victim of domestic

violence, dating violence or stalking.

•

These provisions further provide incidents of “actual or

threatened” domestic violence, dating violence, or

stalking will not be construed as a serious or repeated

violation of a lease and cannot be “good cause” for

terminating the tenancy or participation in the voucher

program.

36

Voucher/Public Housing (cont.)

•

Additionally, they provide that the one-strike rule does

not 

permit termination of the tenancy of an individual

who is a victim of domestic violence, dating violence, or

stalking based on criminal activity “directly relating” to

such violence. However, the one-strike rule may still apply

if the Public Housing Authority (PHA) or Section 8

landlord can show an “actual and imminent threat to

other tenants or those employed at or providing service

to the property” if the tenancy or voucher assistance is

not terminated. Additionally, PHAs and Section 8

landlords may still terminate an abuser’s tenancy,

bifurcating a lease if necessary to allow the rest of the

household to remain.

37

Voucher/Public Housing (cont.)

•

Provide that when a family holding a Section 8 voucher moves

out of a unit to protect the safety of a victim of domestic

violence, dating violence, or stalking who reasonably believed

she would be in danger if she remained in the unit, the family

may retain the voucher even if the move was in violation of a

lease (so long as the family has met all other lease

requirements). Previously, moving out in violation of a lease

would have rendered a family ineligible for voucher

assistance.

38

Voucher/Public Housing (cont.)

•

When an individual claims that her tenancy or assistance

should not be terminated because she is a victim of

domestic violence, dating violence, or stalking, a PHA or

Section 8 landlord may request proof that she is a victim.

Acceptable proof includes certification from an attorney,

domestic violence service provider, or medical

professional, or a police or court record. An individual has

at least 14 business days to provide the documentation.

However, the public housing agency is not required to

demand documentation or physical proof of the

individual’s status as a victim of domestic violence, dating

violence, or stalking in order to grant the protection

described above.

39

Voucher/Public Housing (cont.)

•

The provisions also require PHAs and Section

8 landlords to provide notice to tenants of

their rights under VAWA and to revise leases

and housing assistance payment contracts

with Section 8 landlords in accordance with

these protections.

40

Amendments in VAWA 2013

•

Sec. 601. Housing protections for victims… 

42 U.S.C. § 41411

•

• Expands housing protections from VAWA 2005 to new “covered”

federal housing programs:

–

USDA Rural Housing properties (42 USC 1471)

–

Low-Income Housing Tax Credit properties (26 USC 42 (h) &(i))

–

HUD’s McKinney-Vento homeless programs (42 USC 11375;

11386; 11408)

–

HOME Investment Partnerships program (42 USC 12755)

–

Section 221(d)(3) Below Market Interest Rate (BMIR) Program (12

USC § 1715z-1b)

–

Section 236 Rental Program (12 USC § 1715z-1b)

–

HOPWA housing program

–

Section 202 supportive housing for the elderly and

–

Section 811 supportive housing for people with disabilities

41

VAWA 2013 (cont.)

•

•

Maintains protections for currently covered programs: public

housing, Section 8 vouchers and

•

Project-based Section 8

•

•Continues to bar eviction/termination due to status as victim and

require landlords to maintain

•

Victim-tenant confidentiality, protections included in VAWA 2005

•

•Adds sexual assault victims to those protected by this section

•

•Requires notice to tenants of these rights

•

•Requires housing agencies to develop model emergency transfer

plans

•

•No authorization; cost-free

42

Homeless Management Information

System (HMIS) in Washington State

•

Domestic violence agencies (“victim services agencies”) are exempt from

entering personally identifying information into HMIS in accordance with

Federal Law

•

RCW 43.185C.180 helps protect DV survivors seeking shelter or housing

services outside of a domestic violence agency

Personally identifying information about homeless individuals for the

Washington homeless client management information system may only be

collected after having obtained informed, reasonably time limited (i) written

consent from the homeless individual to whom the information relates, or (ii)

telephonic consent from the homeless individual, provided that written

consent is obtained at the first time the individual is physically present at an

organization with access to the Washington homeless client management

information system. Safeguards consistent with federal requirements on

data collection must be in place to protect homeless individuals' rights

regarding their personally identifying information.

43

Washington State Law

Residential Landlord Tenant Act

•

RCW 59.18.580:  No adverse rental decisions

–

If tenant or applicant is victim of domestic violence, sexual assault or

stalking:

•

Landlord may not terminate tenancy for that reason

•

May not fail to renew a tenancy

•

May not refuse to enter into a rental agreement

–

Landlord cannot make adverse rental decision if tenant has previously

terminated a rental agreement due to DV, SA, stalking

–

Defense to unlawful detainer if tenant is victim

–

Penalty for violation-civil damages sustained by tenant plus court costs,

attorney fees

–

Does not preclude adverse decisions based on other lawful factors

–

Tenant screening providers cannot disclose victim status or that someone

previously terminated a lease due to victimization

44

RCW 59.18.575

•

Notice to landlord-termination of rental agreement

▫

Notice in writing that tenant or household member is

victim of DV, sexual assault, or stalking

▫

And has either a valid protection order OR

▫

Has reported the DV, SA, or stalking to “qualified third

party” who has provided the tenant, or household member

a written report signed by the third party

▫

Sample form for third party provided in statute (does not

have to be exactly the same, but substantially in that

format)  Sample form is NOT required to include the alleged

perpetrator’s name, unless the alleged perpetrator is a

landlord and it is requested in writing

▫

Providing such a verification does NOT waive advocate privilege

45

Termination of Rental Agreement

•

Tenant discharged from obligation to pay rent at the

end of the month.  The tenant still is liable for the rent

for the current month (with minor exceptions)

•

Tenant entitled to return of full deposit (other than

damages, etc)

•

Other tenants on the rental agreement who are not

victims are still obligated by lease

•

Victims of sexual assault, stalking or other unlawful

harassment by the landlord can terminate without

prior

 report to third party or getting copy of protection

order

46

Changing Locks

•

If tenant gets a court order granting

possession of unit, the tenant can ask that the

locks be changed at the tenant’s expense, and

not provide copy of keys to tenant restrained

or excluded.  Person excluded under the court

order may still be liable under the rental

agreement-RCW 59.18.585

•

If landlord is perpetrator, tenant can change or

add locks to unit

47

Criminal Legal System

•

A good  relationship with local law enforcement is

necessary for any housing/homeless provider

•

Keep in mind that a survivor may not necessarily want

law enforcement involvement for many reasons:

–

Immigrant and has fears about police from country of

origin

–

Doesn’t want partner arrested (income source or potential

to be deported)

–

Undocumented immigrant

–

May have warrants

–

From historically oppressed community; police

intervention not viewed as helpful or welcome

48

Civil Legal System

•

Protection Orders—order issued by the court

as a result of a petition by victim for

protection from abuser

•

Orders must be observed in any jurisdiction

(Full Faith & Credit)

•

Survivors may not choose to petition for an

order due to safety concerns—important that

the program not require her to get a

protection order

49

NOW WHAT DO I DO?!

SCENARIOS FOR

DISCUSSION

50

Section 5

•

There’s current DV!

•

We don’t have the resources—our location

isn’t confidential!

•

She needs to go to a domestic violence

agency, but she wants a housing program.

–

What are your fears?

–

What can you do?

SCENARIO 1

51

Safety Planning

•

Safety planning is a process, not a one-time event or

check list

•

Safety planning is tailored to the survivor’s life and

daily activities—each day may even be a little different

•

Ask the survivor what the abuser’s power and control

tactics are

•

Listen to the survivors and ask what s/he needs

•

Survivor activities and abuser’s tactics will guide the

safety planning process

Tips:  Safety Concerns

52

•

We know there’s DV in that unit, but they’re

both violent!

–

What do we do?  How do we know who the

victim is?

SCENARIO 2

53

•

You can’t rely on gender or a list of behaviors

•

Consider CONTEXT, INTENT, EFFECT to see

who is establishing a system of power &

control

•

Assess needs versus screening out & evicting

both.

•

Is there actual or imminent danger to other

tenants or to program/facility employees?

Tips:  Talk to them–separately

54

•

He assaulted her right in the parking lot!

•

There were lots of witnesses, but she doesn’t

want to do anything about it and denies that

there’s DV

SCENARIO 3

55

•

Remember the reasons a survivor stays in or

returns to an abusive relationship:

–

Fear

–

Love

–

Economic Security

–

Cultural/community pressure

–

Kids need both parents

–

Doesn’t feel like she can make it on her own

Is there actual or imminent danger to other tenants or

program/facility employees?

Tips:

56

•

We bifurcated the lease and evicted him, but

he’s still there all the time!

SCENARIO 4

57

•

She may need help filing for or enforcing a

Protection Order

•

She may have to comply with a court order for

visitation with the children

•

He’s homeless and has no other options—she

can’t say no

•

She misses him

Tips:

58

•

She has told us that she doesn’t feel safe in her

unit and wants to move

•

What can we do?  We have no place to move

her

SCENARIO 5

59

•

What does your model emergency transfer

plan say?

•

If you need to develop one, consider

–

Your partnership with the DV program and

emergency shelter while transfer in process

–

Hotel voucher and rental unit for belongings

–

Prioritize these cases for the next available unit

–

Seek agreements with other PHAs or housing

programs

Tips:

60

•

We’re trying to help her find another

apartment, but she doesn’t show up for

appointments or follow through with the

things she needs to do

SCENARIO 6

61

Tips:  Trauma Impacts

•

Hyper-arousal, flashbacks, nightmares, startle reaction

•

Memory and concentration problems

•

Short attention span; easily distracted

•

Problem-solving deficits

•

Intrusive thoughts, confusion

•

Slow reaction time

•

Loss of sense of time and space

•

Decreased awareness of self and others

•

Trouble understanding abstract concepts

•

Compromised information- processing

•

Trouble following complex directions

62

What it May Be Mistaken For

•

Apathy

•

Poor self-worth

•

Lack of follow-through, unreliability

•

Disinterest in getting help

•

Uncooperative or oppositional manner

•

“Spaciness”

•

Poor judgment, inability to make good choices

•

Deeper mental health issues

63

Resources

•

Washington State Coalition Against Domestic Violence  -

www.wscadv.org

•

Volunteers of America Home Free - 

www.voaor.org

•

National Network to End Domestic Violence - 

www.nnedv.org

•

National Coalition Against Domestic Violence - 

www.ncadv.org

•

National Resource Center on Domestic Violence -

www.nrcdv.org

•

The Northwest Network - 

www.nwnetwork.org

•

Full Frame Initiative – 

www.fullframeinitiative.org

•

National Alliance to End Homelessness –

www.endhomelessness.org

•

District Alliance for Safe Housing - 

www.dashdc.org

64

Resources (cont.)

•

Building Changes- 

www.buildingchanges.org

•

Institute on DV in the African American

Community- 

www.idvacc.org

•

Asian Pacific Islander Institute on DV-

www.apiidv.org

•

National Law Center on Homelessness and

Poverty  

www.nlchp.org

65

This template is a result of the work of many people:

•

Kris Billhardt, Home Free, Volunteers of America

•

Victoria Ybanez, Red Wind Consulting

•

Grace Huang, WSCADV

•

Anna Melbin, Full Frame Initiative

•

Shakeita Boyd, District Alliance for Safe Housing

(DASH)

•

Meg Rogers, Cherokee Family Violence Center

•

Linda Olsen, WSCADV

66

Section 7: Acknowledgements