Domestic Violence Victims Need Tenant Protection

Federal, state and local Philadelphia laws prohibit housing discrimination against women. These laws not only prohibit discrimination based upon gender, they also prohibit housing policies which tend to hurt women more than men (i.e. policies which have a “disparate impact' on women). Evicting or refusing to rent to a woman because she is has been the victim of domestic violence are examples of such a policies.

However these laws are inadequate. As a result, many landlords continue to discriminate illegally against domestic violence victims. Sometimes it is because of sexism and arrogance but it is also because it is believed that when violent confrontations between a couple result in disturbing neighbors or the police being called both tenants should be evicted. Of course this just compounds the suffering of the woman being abused.

It is in an effort to address these shortcomings that the federal Violence Against Women Act was reauthorized in 2005. It contains important new housing provisions which prohibit evicting or refusing to rent to women because they have been victims of criminal abuse. It also authorizes landlords to bifurcate leases so that the abusing partner can be evicted without evicting the victim. Unfortunately, however, these provisions only apply to federally assisted housing such as Public Housing Agencies or Housing Voucher (Section 8) programs.

In the private sector discrimination laws offer some protection but they are enforced inconsistently and usually after the housing has already been refused or the eviction has taken place. What is needed are laws to prohibit the evictions of domestic violence victims BEFORE THEY ARE EVICTED, much the way the Philadelphia Fair Housing Ordinance prohibits unfair rental practices such as retaliatory evictions. We also need discrimination laws which more clearly prohibit domestic violence discrimination as gender discrimination. Click here to JOIN THE TURN NETWORK to help educate the public on these issues.