I am Supriya Gill, a lawyer and in this article, I will be discussing whether the Violence Against Women Act (VAWA) applies to the Low-Income Housing Tax Credit (LIHTC) program, how VAWA apply to LIHTC properties and much more.
VAWA, a federal to improve criminal justice and to provide assistance to the victims of domestic violence was enacted in 1994. As the primary purpose of VAWA is to provide services for the protection of victims of domestic violence, it also includes many provisions that are relevant to housing like prohibiting housing discrimination against the victims of VAWA, providing financial assistance to help victims of VAWA crimes in finding and maintaining housing, etc.
The Low-Income Housing Tax Credit (LIHTC) is a federal tax credit program that aims to encourage the development and preservation of affordable rental housing. The properties which come under the LIHTC should be rented to low-income households and they need to comply with other federal laws as well, such as VAWA.
Yes, VAWA applies to LIHTC properties. This means that LIHTC properties cannot discriminate against applicants or tenants who have experienced domestic violence, dating violence, sexual assault, or stalking.
In other words, if you are a survivor of domestic violence, dating violence, sexual assault, or stalking, you have the right to live in a LIHTC property. The property cannot deny you housing, evict you, or charge you more rent because of your status as a survivor.
If you believe that your rights under VAWA have been violated, you can contact the property manager or owner, file a complaint with the state housing finance agency, or file a lawsuit.
VAWA’s protections to applicants of and tenants in LIHTC properties were extended by the 2013 reauthorization of VAWA. The LIHTC program is administered by the Internal Revenue Service (IRS), it has not issued any regulations or guidance on VAWA implementation for the LIHTC programs.
That is the reason why VAWA protections in LIHTC properties have no uniform applicability, it varies from state to state. There are some State tax allocating agencies that have taken appropriate steps to implement VAWA but others have not. As a result, there is ambiguity and lack of consistency in the way that VAWA is implemented in LIHTC properties.
Does VAWA Apply to LIHTC?
The Violence Against Women Act (VAWA) is a federal law to improve criminal response to domestic violence, dating violence, stalking or sexual assault, It also provides housing protections to the victims of domestic violence.
The protections provided by VAWA apply to those houses as well which are subsidized by the federal government, such as the Low-income Housing Tax Credit (LIHTC) program.
What is the LIHTC Program?
The Low-income Housing Tax Credit (LIHTC) program is a federal tax credit providing incentives to private developers who are required to build or rehabilitate affordable rental housing. The Internal Revenue Service (IRS) and the State housing finance agencies administer this program.
The LIHTC program is the biggest source of funding for affordable housing in the United States. It was started in 1986 and from then this program has helped to finance the construction or rehabilitation of over 2 million affordable housing units.
There are certain requirements which must be met to qualify for LIHTC, such as:
- The project needs to be located in a low-income area.
- It should be affordable to households with incomes at or below 60%, 50%, or 40% of the area median income (AMI).
- A private developer must develop or rehabilitate the project.
The LIHTC projects are usually rented to low-income households at rent below market rate. To ensure that these projects remain affordable for the long term, the LIHTC provides a long-term source of income for these projects.
How Does VAWA Apply to LIHTC?
The VAWA ensures and provides housing protections to the victims of domestic violence, dating violence, stalking or sexual assault. These protections also apply to the Low-Income Housing Tax Credit (LIHTC) program which is subsidized by the federal government.
The provisions of the Violence Against Women Reauthorization Act of 2013 (VAWA 2013) extended the VAWA’s protections to applicants and tenants of LIHTC properties. As per the provisions, the LIHTC properties are prohibited from discriminating against applicants or tenants who have been victims of VAWA-related violence.
The LIHTC properties should not put any penalties if the survivor is breaking the lease and is moving to a safe place due to violence and must ensure reasonable accommodation to survivors. They should establish a policy for responding to reports of VAWA-related violence.
In violation of VAWA’s housing protections, the survivors may file a complaint with the state Housing finance agency, which can investigate the complaint and take appropriate action.
What are the Specific VAWA Protections that Apply to LIHTC?
The VAWA protections that apply to LIHTC are:
- The LIHTC properties cannot deny housing to an applicant or evict a tenant based on their status as a survivor of domestic violence.
- The LIHTC properties should provide information to the applicants or tenants about VAWA’s housing protections.
- The LIHTC properties should make some reasonable changes to their policies or procedures to accommodate the needs of the survivors.
- It’s the survivor’s right to have a personal safety plan in place.
- If survivor exercises any VAWA housing protection, it’s their right to be free from retaliation.
How is VAWA Enforced in LIHTC?
The VAWA enforcement in LIHTC is a little complex. The IRS administers the LIHTC but it has not issued any guidance or regulations on how VAWA should be implemented in LIHTC.
This is the reason that the enforcement of VAWA in LIHTC is left to the states. In each state, there is a housing finance agency that administers LIHTC in that state. These state agencies can develop their policies/procedures to enforce VAWA’s housing protections in LIHTC.
There is some specific guidance by various states on how VAWA should be implemented in LIHTC. However, some states have not issued any specific guidance on VAWA. Such states generally rely on the IRS’s guidance on VAWA or can develop their guidance.
What if a LIHTC Property Violates VAWA?
If a LIHTC property has violated the rights under VAWA, the survivors can file a complaint with the state housing finance agency, which will investigate the complaint and take appropriate action requiring the property to change its policies/ regulations or can also take away the property’s LIHTC eligibility.
Conclusion
The Violence Against Women Act (VAWA) ensures and provides housing protections for survivors of VAWA crimes. These protections also apply to the LIHTC properties which make sure that the survivors should not be discriminated against in housing decisions and they should be able to request reasonable accommodations to protect themselves from future violence.
If you are someone, who is discriminated against in a LIHTC property, you can contact the state housing finance agency to file a complaint.
Sources
- https://www.vawahome.com/?locale=en#:~:text=The%20federal%20Low%20Income%20Housing,rental%20housing%20in%20the%20country.&text=A%20federal%20law%20called%20the,and%20living%20in%20LIHTC%20housing
- https://www.vawahome.com/what-is-lihtc?locale=en
- https://www.nhlp.org/resources/lihtc-violence-women-act/
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