Federal Court Rules Against City in DV Survivor Section 8 Case

January 24, 2017, NEW YORK—A federal district court yesterday ruled that survivors of domestic violence have constitutional rights with respect to Section 8 vouchers held in their abuser’s name and, further, that the administration of Section 8 programs is subject to the Fair Housing Act’s prohibitions on discrimination. The decision came as part of a lawsuit filed by Legal Services NYC and Sanctuary for Families against the City’s Department of Housing Preservation and Development (HPD) on behalf of client A.S., a survivor of domestic violence who was not permitted to attend a hearing to determine whether the Section 8 voucher for her apartment should be transferred to her from her abuser.

In its decision, the court found that the Violence Against Women Act, as well as HPD’s own policies, have provisions intended to ensure that survivors of domestic violence, like A.S., who are the beneficiaries of Section 8 vouchers formally listed in their abuser’s names, can report abuse to the authorities without losing their subsidies and becoming homeless. The court also found that the City’s administration of the Section 8 program falls under the scope of the federal Fair Housing Act, and thus that the City has a duty to administer the program in a non-discriminatory manner.

[Background on the lawsuit]

“This is an important step towards justice for A.S and all survivors of domestic violence who rely on Section 8 subsidies to survive,” said Legal Services NYC’s Christine Clarke, one of the attorneys representing A.S. “With this decision, the court recognized that the Violence Against Women Act intended specifically to ensure that survivors could speak out about domestic abuse while maintaining the secure, stable housing that is so necessary for low-income survivors.”

Shantonu Basu, an attorney with Legal Services NYC’s Manhattan program, added, “The Fair Housing Act provides broad protections against discriminatory conduct by all actors involved in the provision of housing, not just landlords. The City cannot distribute Section 8 vouchers in a way that discriminates against women, who are disproportionately represented among survivors of domestic violence, without running afoul of federal law.”

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Contact: Kate Whalen, kwhalen (at) legalservicesnyc.org, 646-442-3654