Access to Benefits for Survivors of Domestic and Sexual Violence

Rachel Natelson, Staff AttorneyRachel Natelson, Staff Attorney

National Law Center on Homelessness & National Law Center on Homelessness & PovertyPoverty

rnatelson@nlchp.orgrnatelson@nlchp.org

Types of Benefits

Housing Assistance: Public Housing Assistance: Public HousingHousing

TANFTANF Veterans BenefitsVeterans Benefits

Homelessness and DV

Families mFamilies make up 40% of the homeless ake up 40% of the homeless populationpopulation

Typical homeless family is headed by a single Typical homeless family is headed by a single mother, usually in her late twenties, with 2 or 3 mother, usually in her late twenties, with 2 or 3 young children, typically preschoolersyoung children, typically preschoolers

1 in 4 homeless mothers cite DV as the reason 1 in 4 homeless mothers cite DV as the reason they became homelessthey became homeless

18% of homeless children lose permanent 18% of homeless children lose permanent housing when a custodial parent escapes DVhousing when a custodial parent escapes DV

Violence Against Women Act

FindingsFindings Link between homelessness and domestic violenceLink between homelessness and domestic violence Evictions and housing denials of domestic violence Evictions and housing denials of domestic violence

victims occurring because of violence against themvictims occurring because of violence against them Lack of emergency shelter and affordable housingLack of emergency shelter and affordable housing Financial abuse as part of power and control dynamicFinancial abuse as part of power and control dynamic

PurposesPurposes Reduce domestic violence and prevent homelessnessReduce domestic violence and prevent homelessness Protect victim safety in federal housing and shelterProtect victim safety in federal housing and shelter Build collaborationBuild collaboration Enable housing providers to respond to domestic Enable housing providers to respond to domestic

violence while maintaining safety for all residents violence while maintaining safety for all residents

Barriers to Housing Access

Fears and stereotypesFears and stereotypes criminal activitycriminal activity excessive police callsexcessive police calls noise and disruptionnoise and disruption property damageproperty damage unauthorized residentsunauthorized residents abuser controls finances and tenant abuser controls finances and tenant

unable to pay rentunable to pay rent

VAWA: Housing Programs Affected

Housing programs affected by 2005 Housing programs affected by 2005 amendmentsamendments Public Housing ProgramPublic Housing Program Housing Choice Voucher ProgramHousing Choice Voucher Program Project-Based Section 8Project-Based Section 8

Protections include:Protections include: Non-discrimination in admission to housing and Non-discrimination in admission to housing and

termination of assistancetermination of assistance Ability to bifurcate, break lease, transfer voucherAbility to bifurcate, break lease, transfer voucher

VAWA Protections: Access to Housing

An individual’s status as a victim of domestic An individual’s status as a victim of domestic violence, dating violence, or stalking is not an violence, dating violence, or stalking is not an appropriate basis for denial of admission or appropriate basis for denial of admission or denial of housing assistance.denial of housing assistance. See 42 U.S.C. §§ 1437d(c)(3); 1437f(c)(9)(A); See 42 U.S.C. §§ 1437d(c)(3); 1437f(c)(9)(A);

1437f(d)(1)(A); 1437f(o)(B) (2006). 1437f(d)(1)(A); 1437f(o)(B) (2006).

These laws bar PHAs and Section 8 owners These laws bar PHAs and Section 8 owners from discriminating against housing from discriminating against housing applicants or tenants.applicants or tenants.

Eviction and Termination Prohibited

VAWA prohibits evictions based on real or perceived domestic VAWA prohibits evictions based on real or perceived domestic violence, dating violence or stalking.violence, dating violence or stalking.

VAWA RULE: “Incidents of actual or threatened domestic violence, VAWA RULE: “Incidents of actual or threatened domestic violence, dating violence, or stalking do not qualify as serious or repeated dating violence, or stalking do not qualify as serious or repeated violation of lease or good cause for terminating assistance, violation of lease or good cause for terminating assistance, tenancy, or occupancy rights of the victim”tenancy, or occupancy rights of the victim”

Examples of prohibited causes of eviction under VAWA:Examples of prohibited causes of eviction under VAWA: assault by family member assault by family member assault by significant other not living in the householdassault by significant other not living in the household damage to apartment during incident of domestic violencedamage to apartment during incident of domestic violence noise from domestic violence incidentnoise from domestic violence incident

See 42 U.S.C. §1437d(l)(5); 42 U.S.C. §1437f(c)(9)(B); 42 U.S.C. § 1437f(d)(1)(B)(ii); 42 U.S.C. See 42 U.S.C. §1437d(l)(5); 42 U.S.C. §1437f(c)(9)(B); 42 U.S.C. § 1437f(d)(1)(B)(ii); 42 U.S.C. §1437f(o)(7)(C)§1437f(o)(7)(C)

Permissible Causes for Termination

Actual and imminent threat: Failure to separate from batterer Actual and imminent threat: Failure to separate from batterer who is actually dangerous to other tenants/staff (must be a who is actually dangerous to other tenants/staff (must be a proven danger)proven danger)

Criminal activity by the survivor not related to domestic Criminal activity by the survivor not related to domestic violence (drug activity, child abuse)violence (drug activity, child abuse)

Failure to pay rentFailure to pay rent Allowing an unauthorized person to live in the household in Allowing an unauthorized person to live in the household in

violation of a lease.violation of a lease. A survivor MAY be evicted for other violations of the A survivor MAY be evicted for other violations of the

lease, but they may not be held to a higher standard lease, but they may not be held to a higher standard than other tenants (or this would be discrimination).than other tenants (or this would be discrimination).

See 42 U.S.C. §§ 1437d(l)(5), (6); 1437f(c)(9)(B), (C); 1437f(d)See 42 U.S.C. §§ 1437d(l)(5), (6); 1437f(c)(9)(B), (C); 1437f(d)(1)(B), (C); 1437f(o)(7)(C), (D); 1437f(o)(20)(A), (B) (2006).(1)(B), (C); 1437f(o)(7)(C), (D); 1437f(o)(20)(A), (B) (2006).

Access to Public Assistance

Three types of provisions that may be Three types of provisions that may be available to survivors of domestic or available to survivors of domestic or sexual violence receiving public sexual violence receiving public assistance:assistance: hardship exemptionhardship exemption family violence optionfamily violence option child support “good cause” exemptionchild support “good cause” exemption

Hardship exemption

Allows a state to excuse 20% of its welfare recipients from Allows a state to excuse 20% of its welfare recipients from the welfare time limits (the limit on how long a family may the welfare time limits (the limit on how long a family may receive welfare) for “reason of hardship or if the family receive welfare) for “reason of hardship or if the family includes an individual who has been battered or subjected includes an individual who has been battered or subjected to extreme cruelty.”to extreme cruelty.”

Federal statutory definition of “battered or subject to Federal statutory definition of “battered or subject to extreme cruelty” is not limited to conduct by a family or extreme cruelty” is not limited to conduct by a family or household member or intimate partner; however, not all household member or intimate partner; however, not all states have adopted the federal definition states have adopted the federal definition

To qualify for the hardship exemption a person must To qualify for the hardship exemption a person must reside in a state that has included this provision in its state reside in a state that has included this provision in its state welfare law.welfare law.

Family Violence Option Allows states to waive specific rules about work and job Allows states to waive specific rules about work and job

training, minimum residency requirements, family cap training, minimum residency requirements, family cap provisions, and time limits for receiving assistance.provisions, and time limits for receiving assistance.

Federal FVO waiver standard: “where compliance with Federal FVO waiver standard: “where compliance with such requirements would make it more difficult for such requirements would make it more difficult for individuals receiving assistance under this part to escape individuals receiving assistance under this part to escape domestic violence or unfairly penalize such individuals domestic violence or unfairly penalize such individuals who are or have been victimized by such violence, or who are or have been victimized by such violence, or individuals who are at risk of further domestic violence.” individuals who are at risk of further domestic violence.” 42 U.S.C. § 602(a)(7)(A)(iii). 42 U.S.C. § 602(a)(7)(A)(iii).

Some states have adopted the federal standard; others Some states have adopted the federal standard; others have put in place their own standards for waiving have put in place their own standards for waiving requirements. requirements.

State FVO Implementation A majority of states have adopted the A majority of states have adopted the

federal FVO as part of their welfare lawsfederal FVO as part of their welfare laws Other states have equivalent policies that Other states have equivalent policies that

enable violence victims to get waivers from enable violence victims to get waivers from some or all TANF requirementssome or all TANF requirements

However, three states (Idaho, Oklahoma, However, three states (Idaho, Oklahoma, Virginia) have no FVO equivalent policiesVirginia) have no FVO equivalent policies

Some states offer waivers only in cases of Some states offer waivers only in cases of ongoing violence, while others also ongoing violence, while others also provide them to applicants still struggling provide them to applicants still struggling with the consequences of past abusewith the consequences of past abuse

Waiver Requirements

Some states require applicants to provide a written Some states require applicants to provide a written statement certifying their status as domestic violence statement certifying their status as domestic violence victimsvictims

Other states also recommend that victims submit Other states also recommend that victims submit such additional documentation as police reports and such additional documentation as police reports and medical records.medical records.

Some require applicants to submit both a statement Some require applicants to submit both a statement and documentation in order to be granted a waiver.and documentation in order to be granted a waiver.

In addition to requiring documentation, many states In addition to requiring documentation, many states specify that victims must receive domestic violence specify that victims must receive domestic violence services in order to receive a waiverservices in order to receive a waiver

Child Support Exemption

Generally, TANF recipients are required to Generally, TANF recipients are required to work with the state agency to collect child work with the state agency to collect child support. support.

Every state welfare agency, however, can Every state welfare agency, however, can grant a woman a “good cause” exemption grant a woman a “good cause” exemption if she believes that identifying the father of if she believes that identifying the father of the children for purposes of child support the children for purposes of child support enforcement will jeopardize her safety. enforcement will jeopardize her safety.

Benefits for Homelessness Veterans

There are currently an estimated 13,100 homeless female veterans in the U.S.

Women veterans are up to 4 times more likely to be homeless than non-veteran women and male veterans

Homeless women veterans are more likely to experience severe forms of mental illness than men

About a quarter of female veterans in the VA’s Homelessness Programs have minor children

Finding shelters that permit children and offer a safe environment is a primary obstacle for homeless women veterans

Military Sexual Trauma

38 U.S.C. 1720D defines MST as “psychological trauma, which in the judgment of a VA mental health professional, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the Veteran was serving on active duty or active duty for training.”

Sexual harassment is further defined as “repeated, unsolicited verbal or physical contact of a sexual nature which is threatening in character.”

MST is a strong risk factor for homelessness: 40% of homeless women veterans have reported experiences of sexual assault in the military

Military Sexual Violence: Data

While 1 in 6 civilian women experience sexual assault, for military women this number climbs to approximately 1 in 3

3,230 military sexual assaults were reported in 2009, which represents an increase of 11% from fiscal year 2008. 163 sexual assaults were reported in Iraq and Afghanistan in 2008

79% of women serving in the military since Vietnam reported experiences of sexual harassment

In a study of a sample of veterans who were seeking VA disability benefits for PTSD, 71% of women and 4% of men reported an in-service sexual assault

MST and VA Disability Benefits

According to the VA, a variety of health problems are associated with MST: PTSDanxiety disorderdepression and other mood disorders substance use disorders

MST and VA Disability Benefits

If a PTSD claim is based on in-service personal assault, evidence from sources other than the veteran’s service records may corroborate the veteran’s account of the stressor incident.

Examples of such evidence include: records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, or physicians; pregnancy tests or tests for sexually transmitted diseases; and statements from family members, roommates, fellow service members, or clergy.

These sources may contain evidence in the form of either witness statements or observation of behavior changes following the claimed assault.