HUD: Certain Noncitizen Victims of Domestic Violence Are Eligible for Housing Assistance

January 13, 2017

A recent memorandum issued by Acting General Counsel Tonya Robinson clarified that certain noncitizens who are “battered or subject to extreme cruelty” by a spouse or parent who is a U.S. citizen or lawful permanent resident (LPR) has the right to apply for and receive housing assistance under Section 214 of the Housing and Community Development Act of 1980. Section 214 covers public housing, Section 8 tenant-based and project-based rental assistance, Rent Supplement, Flexible Subsidy, and Section 221d(3) Below Market Interest Rate Programs.

A recent memorandum issued by Acting General Counsel Tonya Robinson clarified that certain noncitizens who are “battered or subject to extreme cruelty” by a spouse or parent who is a U.S. citizen or lawful permanent resident (LPR) has the right to apply for and receive housing assistance under Section 214 of the Housing and Community Development Act of 1980. Section 214 covers public housing, Section 8 tenant-based and project-based rental assistance, Rent Supplement, Flexible Subsidy, and Section 221d(3) Below Market Interest Rate Programs.

The Violence Against Women Act of 1994 (VAWA) allows noncitizens to self-petition for LPR status without the cooperation or knowledge of their abusive relative. These noncitizen victims of domestic violence are referred to as “self-petitioners.”

Section 214 of the Housing and Community Development Act states that HUD may not make certain financial assistance available to noncitizens unless the person meets one of several exceptions, one of which is “lawful permanent resident.” Section 214 also provides that financial assistance cannot be delayed, denied, reduced, or terminated on the basis of immigration status while a person’s eligibility for satisfactory immigration status is being verified or appealed. The memorandum clarifies that self-petitioners can indicate that they are in “satisfactory immigration status” when applying for assistance or continued assistance from Section 214-covered housing programs.

HUD’s Office of Public and Indian Housing (PIH) and Office of Multifamily Housing Programs will publish a more detailed joint notice consistent with the memo.

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