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Violence Against Women Act

Violence Against Women ActErin2025-08-18T11:06:06-07:00

Notice of Occupancy Rights under the Violence Against Women Act

The Violence Against Women Act (VAWA) protects individuals—regardless of gender, gender identity, or sexual orientation—who are victims of domestic violence, dating violence, sexual assault, or stalking. These protections apply to individuals seeking or receiving housing assistance under federal programs, including:

  • Low-Income Housing Tax Credit (LIHTC)

  • HOME Investment Partnerships (HOME) Program

  • Project-Based Section 8 Program


🛡️ Your Rights Under VAWA

For Applicants

You cannot be denied housing assistance solely because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking.

For Current Residents

If you receive assistance through one of the above programs, you may not be:

  • Denied assistance

  • Evicted

  • Removed from housing
    …due to your experience with domestic violence, dating violence, sexual assault, or stalking.

You also cannot lose housing rights because of criminal activity related to abuse committed against you by a household member or guest.


👥 What Is an “Affiliated Individual”?

An affiliated individual may include:

  • Spouse, parent, sibling, or child

  • A person under your care or legal custody

  • Any lawful occupant in your household


🔄 Removing an Abuser or Perpetrator

EBALDC may bifurcate a lease to evict or remove the person responsible for abuse, without affecting the rights of the remaining household members. We will follow all applicable federal, state, and local laws and provide time for remaining household members to establish eligibility for continued housing.


🚚 Emergency Transfers

If you are a victim and feel unsafe, EBALDC may allow you to transfer to another unit—subject to availability. You must:

  • Request the transfer (in writing or orally)

  • Reasonably believe you are in danger of imminent harm

  • Or, be a victim of sexual assault that occurred on the property in the last 90 days

All transfer requests and locations will be kept confidential.

You may view EBALDC’s Emergency Transfer Plan upon request.


📝 Documenting Abuse

If documentation is needed, you may submit:

  • A completed HUD-approved certification form (provided by EBALDC)

  • Law enforcement or court records (e.g., police report, protective order)

  • A signed statement from a victim services provider, attorney, or medical professional

  • Any other documentation EBALDC agrees to accept

You’ll have at least 14 business days to provide documentation if requested.


🔒 Confidentiality

All information you share will be kept confidential and will not be shared unless:

  • You give written consent

  • Required for eviction/legal action

  • Required by law

We will never place this information in a shared database or disclose it without proper cause.


⚠️ Evictions and Exceptions

You may still be evicted or lose assistance if:

  • You commit serious or repeated lease violations unrelated to abuse

  • You pose an immediate threat to others’ safety and no alternative exists

However, EBALDC cannot apply stricter rules to victims than to other residents.


⚖️ Other Legal Protections

VAWA does not override other federal, state, or local laws that provide stronger protections.


🧭 Filing a Complaint

If you believe your rights under VAWA have been violated, you may file a complaint with:

HUD San Francisco Regional Office
One Sansome Street, Suite 1200
San Francisco, CA 94104
Phone: 415.489.6400


📄 More Information

  • View the full VAWA rule: https://www.gpo.gov/fdsys/pkg/FR-2016-11-16/pdf/2016-25888.pdf

  • To view HUD’s VAWA regulations or EBALDC’s Emergency Transfer Plan, please ask your Property Manager.


📞 Contact for Questions

Section 504 Coordinator: Carolina Perez
East Bay Asian Local Development Corporation
1825 San Pablo Avenue, Suite 200
Oakland, CA 94612
Phone: 510.287.5353

🆘 Support for Survivors of Abuse and Stalking

If you are in an abusive relationship or are a survivor of domestic violence, sexual assault, or stalking, the following organizations are here to help.


📞 National Support

National Domestic Violence Hotline
Phone: 800-799-7233
TTY (hearing impaired): 800-787-3224
Website: www.thehotline.org


🏡 Local Support Services

Building Futures
1395 Bancroft Avenue, San Leandro, CA 94577
Main Line: 510-357-0205
Fax: 510-357-0688
24-Hour Crisis Line: 866-A-WAY-OUT (866-292-9688)
Website: www.bfwc.org


Ruby’s Place
24-Hour Hotline: 888-339-SAFE (7233)
En Español: 510-303-9953
Website: www.rubysplace.org


A Safe Place
Main Line: 510-986-8600
Fax: 510-986-8606
24-Hour Crisis Line: 510-536-7233
Website: www.asafeplacedvs.org


Tri-Valley Haven
Phone: 925-449-5842 or 800-884-8119
Website: www.trivalleyhaven.org


📬 Safe at Home Program (Confidential Address Program)

Administered by the California Secretary of State
1500 11th Street, 4th Floor Mail Room, Sacramento, CA 95814
Phone: 877-322-5227
TTY/TDD: 916-651-1304
Email: safeathome@sos.ca.gov
Website: www.sos.ca.gov/safeathome


🔗 Additional Resources

California Partnership to End Domestic Violence
Find local domestic violence organizations:
Website: www.cpedv.org/domesticviolenceorganizations-california


👣 Stalking Support

Stalking Resource Center
National Center for Victims of Crime
Website: www.victimsofcrime.org/ourprograms/stalking-resource-center

👣 Help for Victims of Stalking

If you or someone you know is experiencing stalking, please contact one of the resources below for legal support, advocacy, and safety planning.


🔹 Bay Area Legal Aid

Address: 1025 MacDonald Avenue, Richmond, CA 94801
Phone: 925-219-3325
Website: www.baylegal.org

Bay Area Legal Aid offers free legal services to low-income individuals, including survivors of stalking and abuse.


🔹 Alameda County Family Justice Center

Address: 470 27th Street, Oakland, CA
Main Phone: 510-267-8800
Available: Monday – Friday, 8:30 AM – 5:00 PM
Fax (General): 510-267-8809
Office Lines: 510-267-8847 / 510-267-8840
On-Call Advocate: 510-290-6450
Fax (Program): 510-267-8849
Website: www.acfjc.org

The Alameda County Family Justice Center is a one-stop center offering services to survivors of domestic violence, stalking, sexual assault, and human trafficking.


🔹 National Center for Victims of Crime – Stalking Resource Center

Website:
victimsofcrime.org/our-programs/stalkingresource-center/help-for-victims

This national center provides tools and resources for stalking victims including safety planning and legal information.

Certification form HUD-5382

Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking and Alternate Documentation and Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking.

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