In early July, the Senate voted to confirm San Antonio Mayor Julian Castro as Secretary of Housing and Urban Development (HUD), putting this rising political star at the helm of the nation’s federal housing programs. One can only imagine the fever pitch of requests competing for Secretary Castro’s attention. Many important issues deserve focus, including the lack of affordable housing across the nation in spite of increasing need, the slow and sometimes stymied recovery of the housing market, increasing recognition of the detrimental effects of residential racial segregation, and the failure of or outright resistance by many local governments to affirmatively further fair housing. Secretary Castro should steer his agency to develop laws and policies proactively that can address these issues for long term.
But here’s something Secretary Castro and HUD should act on immediately. In 2005, Congress’ reauthorization of the Violence Against Women Act (VAWA) included for the first time critical housing protections for victims of domestic violence, dating violence, and stalking who lived in or were applicants to certain federal affordable housing programs. The new housing provisions were groundbreaking in that they prevented certain housing providers from evicting or denying admission to individuals for being crime victims. It is a grim reality that, before VAWA 2005 was in place, many housing providers did evict victims. And it took years of education and slow roll out of HUD rules and policy to get to the point where most housing providers covered by VAWA 2005 understood the law.
In March 2013, President Obama signed the 2013 reauthorization of VAWA. The housing provisions in VAWA 2013 are just as groundbreaking as those in VAWA 2005. Among other things, VAWA 2013 added nine more federal housing programs to the mandate not to harm, evict, or deny admission to victims of violence, which potentially cover an additional 1.4 million households. The new law also now covers sexual assault survivors, LGBT survivors, and immigrant survivors. These protections are long overdue. Finally, the new law permits survivors to move into other federal affordable housing in order to escape violence—a critical new tool so that survivors do not have to choose between their safety and their affordable housing. But other than a HUD notice issued in August 2013 seeking guidance on the new provisions and a brief guide to public housing authorities from the United States Interagency Council on Homelessness, HUD has failed to issue new policy or instructions, including basic updates to housing providers, tenants, and applicants, such as leases that spell out the new protections for sexual assault survivors. This delay puts survivors and housing providers in confusing and potentially dangerous territory, where the lack of instruction could result in evictions of crime victims at their most vulnerable time. Because more than 85% of victims of domestic violence and sexual assault are women, this delay also presents a serious impediment to fair housing for women.
Secretary Castro and HUD should act immediately to issue these long overdue policy and instructions on VAWA 2013. Because survivors of violence can’t wait for HUD to do its job.