Usually not. HUD treats refusing an applicant because of a domestic violence history as possible sex discrimination under the Fair Housing Act, since most victims are women. In federally assisted housing the Violence Against Women Act bars it outright, and Washington bans it by name for every landlord. Screen the applicant on your written criteria, not on what happened to them. This is information, not legal advice.
Is domestic violence a protected class under fair housing law?
Not by name. The Fair Housing Act lists race, color, religion, sex, familial status, national origin and disability. Domestic violence is not on the list, but sex is, and that is where the protection comes from.
In February 2011 HUD issued guidance saying a person denied or evicted because of domestic violence may have a Fair Housing Act complaint. HUD gave two examples. A landlord who refuses women with a history of domestic violence because they might return to an abuser may be discriminating on sex. A zero-tolerance policy that evicts a whole household for one member's crime may have a disparate impact on women, because women are the large majority of victims.
The group is not small. The CDC reports that more than 1 in 3 US women, nearly 43.5 million, and more than 1 in 6 men, 20.7 million, have experienced contact sexual violence, physical violence or stalking by a partner in their lifetimes.
What does the Violence Against Women Act add?
A direct ban in assisted housing. Under 34 U.S.C. 12491, an applicant to a covered housing program may not be denied admission because they are or have been a victim of domestic violence, dating violence, sexual assault or stalking, if they otherwise qualify. Covered programs include Housing Choice Vouchers and properties financed with the low income housing tax credit, so a private landlord who accepts a voucher tenant is inside the rule.
VAWA also sets the paperwork. You may ask in writing for documentation, the applicant has 14 business days to provide it, and whatever they give you is confidential: it may not go into a shared database or to anyone else without their written consent, except where an eviction case or another law requires it.
Which states protect victims by name?
Washington is the clearest example. RCW 59.18.580 says a landlord may not refuse to enter into a rental agreement because the applicant or a household member is a victim of domestic violence, sexual assault or stalking, or because they ended an earlier lease early under the state's victim protections. A tenant screening company may not disclose that status either. An applicant refused in violation can sue for damages, court costs and attorney fees.
Other states and cities have their own versions, so check the rules where each unit sits.
What should a screening policy say about domestic violence?
- Never ask whether an applicant has been a victim, and never note it on the file.
- Do not count a police call, a protective order or an early lease break tied to abuse against the applicant.
- Look past an eviction or a damage claim caused by the abuser when the applicant shows that link.
- Apply the same income, rental history and credit criteria to every applicant, in writing.
- In assisted housing, keep any VAWA documentation separate and confidential.
Our fair-housing screening checklist covers how to write the rest of the criteria, and our post on criminal history questions covers the records side.
Where does this go wrong in practice?
In the first conversation. An applicant explains a gap in rental history by saying she left a lease early to get away from a partner, and whoever answers says the owner "doesn't want any drama." That one line can become a sex discrimination complaint. The fix is a written answer that sends every applicant to the same criteria, whatever story comes with the file.
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Domestic violence and rental applications: FAQ
Can a landlord deny me because of police calls to my last address?
If the calls were about abuse against you, HUD's guidance says a denial on that basis may be sex discrimination. In federally assisted housing, VAWA bars counting criminal activity directly related to the abuse against the victim. Washington bars refusing a victim outright.
Can a landlord ask for proof that I am a victim?
In assisted housing, yes, in writing, and you have 14 business days to provide a HUD certification form, a professional's statement, or a police or court record. The landlord must keep it confidential. Outside assisted housing, a landlord has no reason to ask.
Does VAWA apply to private landlords?
Only through a covered program, such as a voucher tenant or a tax credit property. A private landlord outside those programs is still bound by the Fair Housing Act's ban on sex discrimination and by any state law, such as Washington's.
