The Housing Rights subpart of the Violence Against Women Act Reauthorization Act of 2022 (VAWA 2022), 34 U.S.C. §§ 12491-12496, provides housing protections for victims of domestic violence, dating violence, sexual assault, and stalking. For example, it provides that an otherwise qualified applicant or tenant of housing assisted under a covered housing program (which includes most housing programs that receive federal financial assistance) may not be denied admission to, or have their participation terminated from, that housing on the basis that the person is or has been a victim of domestic violence, dating violence, sexual assault, or stalking. It prohibits public housing agencies and owners or managers of covered housing from engaging in discrimination, interference, or retaliation because a person exercised or enjoyed rights under the VAWA 2022. In addition, it provides landlords, homeowners, tenants, residents, occupants, and guests of, and applicants for, housing the right to seek law enforcement or emergency assistance and not be subjected to certain penalties based on their requests for assistance or based on criminal activity of which they are a victim or otherwise not at fault.

The Attorney General is authorized to investigate alleged violations of the VAWA 2022’s Housing Rights subpart and bring lawsuits to enforce the statute. This authority has been assigned to the Assistant Attorney General for the Civil Rights Division. The Housing and Civil Enforcement Section enforces the Housing Rights subpart of the VAWA 2022, consistent with its enforcement of the Fair Housing Act.

When a United States Attorney’s Office receives a complaint or other information suggesting a violation of the Housing Rights subpart of the VAWA 2022, that office should forward the complaint or other information to the Housing and Civil Enforcement Section as soon as practicable. The Assistant Attorney General for the Civil Rights Division retains final authority to determine whether a complaint should be filed; or, in most instances (see JM 8-2.100 and 28 C.F.R. §§ 0.160 to 0.164), that a case should be settled, and on what terms. The Assistant Attorney General for the Civil Rights Division may delegate this authority to subordinate Civil Rights Division officials and United States Attorneys, where appropriate. The United States Attorney’s Office and the Housing and Civil Enforcement Section may work together, as appropriate, on these investigations and any resulting litigation. Division of responsibilities is determined on a case-by-case basis.

[added December 2022]