Bos. Hous. Auth. v. Y.A.
Bos. Hous. Auth. v. Y.A.
Opinion of the Court
**241The Federal Violence Against Women Act (VAWA), as amended, is a comprehensive statute designed to combat violence against women in its many forms. See
Here, Y.A., an alleged victim of domestic violence, appealed from a lower court *1240judge's order of execution on the fifth agreement for judgment between Y.A. and the Boston Housing Authority (BHA), a covered housing provider.
This opinion sets forth the reasons for the order.
Background. Y.A. has resided in the BHA's subsidized housing since October 2013. Following nonpayment of rent,
On the hearing date, the parties entered into an agreement for judgment, which suspended the eviction action on the condition that Y.A. make a fixed monthly payment for use and occupancy and for rent arrearage. The parties agreed that if Y.A. failed to adhere to the payment schedule, the BHA could revive the eviction process by moving for the issuance of execution for possession of the premises, and damages owed, including costs and interest.
Y.A. failed to make the required payments under the agreement,
A hearing on the motion was held on January 10, 2018, at which time Y.A. stated that she was working with an agency to help pay the rent arrearage. When asked by the judge why she had made only one payment since the date of the final agreement, Y.A. responded:
"I was in an abus[ive] relationship. He would take everything from me. One day I decide[d] to stop that. I called the police on him. I'm ... trying to deal with a restraining order, and now I'm trying to get back all my life together because I do not want to be in a relationship like that. He would take -- I've lost everything already. I'm about to lose my apartment. I don't want that."
The judge then asked Y.A. if she had spoken to the property manager at any point about the abusive relationship after she signed the final agreement, to which Y.A. responded: "No.... I go in the office one time, but, after that, I tried to figure it out like how I'm going to pay the rent and how I'm going to do all this."
The judge allowed the BHA's motion, finding that Y.A.'s failure to make the required payments set forth in the final agreement constituted a violation of a material term of the agreement and that the BHA had "acted reasonably and cannot be expected to do any more." See G. L. c. 239, § 10. The judge made no reference to Y.A.'s statements regarding the alleged abusive relationship in his findings. Y.A. appealed, and we transferred the case to this court on our own motion.
Discussion. 1. VAWA housing protections. Under VAWA, "[a]n applicant for or tenant of housing assisted under a covered housing program may not be denied admission to, denied assistance under, terminated from participation in, or evicted from the housing on the basis that the applicant or tenant is or has been a victim of domestic violence ...."
In order for an applicant or tenant to seek assistance pursuant **244to VAWA from a covered housing provider (landlord),
Where the applicant or tenant establishes that he or she is entitled to VAWA protection, the landlord is prohibited from evicting the tenant for any reason that is a direct result of the domestic violence, from denying the applicant or tenant's admission to or assistance under the covered program, and from terminating the tenant's participation in the covered program. See
Landlords "are encouraged to undertake whatever actions permissible and feasible under their respective programs to assist individuals residing in their units who are victims of domestic violence ... to remain in their units or other units under the covered housing program or other [landlords], and for the [landlord] to bear the costs of any transfer, where permissible."
2. Application. Given the framework of VAWA, its corresponding regulations, and the HUD Guidelines, ideally a tenant will notify the landlord that domestic violence has affected the tenant's ability to pay rent or has otherwise caused the tenant to violate the terms of the lease. The landlord can then take steps pursuant to the HUD Guidelines to apply VAWA. If a landlord denies VAWA protections and initiates summary process, the tenant may raise a VAWA defense in response. See
Importantly, the HUD Guidance requires an applicant or tenant to notify a landlord of the presence of domestic violence if he or she seeks VAWA protection, see HUD Guidance, supra at § 7.3. However, it is not a prerequisite to raising VAWA as a defense to eviction in court. The HUD Guidance was created to "provide[ ] guidance to Public Housing Agencies ... and owners on the requirements of the [VAWA statute and regulations]"; it is not binding on the courts. See id. at § 1. See also Christensen v. Harris County,
Here, Y.A. did not raise the issue of domestic violence until she appeared in court for the hearing on the BHA's motion for issuance of execution on her alleged breach of the fifth agreement for judgment, and when she did so, it was not necessarily meant as a VAWA defense. However, neither the statute nor the regulations address when or how a tenant must assert his or her rights under VAWA in a summary process action. Cf. 34 U.S.C § 12491 ;
We note that when the judge asked Y.A. whether she had raised the matter with the property manager, Y.A. initially responded, "No," but then went on to explain, "I go in the office one time, but, after that, I tried to figure it out ...." The judge did not inquire further on Y.A.'s ambiguous response. As mentioned supra, bringing issues of domestic violence to the attention of the manager of a public housing agency is not a prerequisite to raising VAWA as a defense to eviction in a subsequent court proceeding; however, we emphasize that the best practice is for a tenant to inform the landlord of any domestic violence in order to allow the landlord to determine whether the domestic violence adversely affected the tenant's ability to adhere to the conditions of the lease or agreement for judgment.
We conclude that where a judge is given reason to believe that domestic violence is or might be relevant to a landlord's basis for eviction, the judge must ensure that he or she has sufficient evidence to make a determination whether the tenant is entitled to VAWA protections, and such determination must be supported by findings.
Asserting a VAWA defense does not guarantee a successful outcome. As discussed supra, there must be a causal connection between incidents of domestic violence and a tenant's failure to **248comply with the terms of the lease or the agreement for judgment. In addition, "VAWA does not limit the ability of a [landlord] to [evict a tenant] for a lease violation unrelated to domestic violence ... provided that the [landlord] does not subject an individual who has been the victim of such violence to a more demanding standard than other tenants." Matter of Johnson,
Thus, Y.A. may or may not be successful in using VAWA to stave off eviction. Such success will depend on the circumstances surrounding the domestic violence alleged by Y.A. and whether the motion judge finds that it contributed to Y.A.'s failure to make the agreed-upon payments.
3. BHA's arguments. We briefly address two arguments BHA raises pertaining to Y.A.'s right to assert VAWA as *1245a defense.
The Violence Against Women Act (VAWA) was originally codified as part of title 42 of the United States Code but was editorially reclassified in various sections of title 34. See, e.g.,
A covered housing program is a "HUD program covered by [VAWA]."
"Domestic violence" is defined as "felony or misdemeanor crimes of violence by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner...."
A "covered housing provider" is defined as "the individual or entity under a covered housing program that has responsibility for the administration and/or oversight of VAWA protections and includes [public housing agencies], sponsors, owners, mortgagors, managers, State and local governments or agencies thereof, nonprofit or for-profit organizations or entities."
The Boston Housing Authority (BHA) administers rental subsidies through various programs and provides subsidized housing to qualifying low-income tenants.
We acknowledge the amicus briefs submitted by Greater Boston Real Estate Board and Institute of Real Estate Management; Massachusetts Domestic Violence and Housing Advocates; and the American Civil Liberties Union, American Civil Liberties Union of Massachusetts, Community Legal Services of Philadelphia, Mid-Minnesota Legal Aid, National Housing Law Project, National Network to End Domestic Violence, and the Sargent Shriver National Center on Poverty Law.
From December 1, 2013, through March 1, 2014, Y.A. made one rent payment of ninety dollars.
The notice to quit provided that Y.A. had accrued a total of $ 330 in rent arrearage and that if Y.A. "fail[ed] to quit the premises, or pay the rent due within [fourteen] days of [her] receipt of this notice, the BHA [would] file an action in housing court to evict [her] and to recover the rent due plus court costs at which time [she could] present a defense."
See Adjartey v. Central Div. of the Hous. Court Dep't,
The parties entered into an agreement for judgment on June 25, 2014. Y.A. failed to make the agreed-upon payments in August and September 2014.
Although we refer to a "covered housing provider" as the "landlord" for purposes of this opinion, the term "covered housing provider" is defined more broadly, see note 4, supra.
The guidance provided by HUD gives examples of factors that may be the direct result of domestic violence, including a tenant's failure to pay rent. See Violence Against Women Reauthorization Act of 2013 Guidance, United States Department of Housing and Urban Development and the Office of Public and Indian Housing, PIH-2017-08 (HA) § 7.2 (May 19, 2017) (HUD Guidance), https://www.hud.gov/sites/documents/PIH-201708VAWRA2013.PDF [https://perma.cc/X9PJ-B3L8].
The applicant or tenant may submit any one of the following forms of documentation:
"(i) The certification form described in § 5.2005(a)(1)(ii) ; or
"(ii) A document:
"(A) Signed by an employee, agent, or volunteer of a victim service provider, an attorney, or medical professional, or a mental health professional (collectively, 'professional') from whom the victim has sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse;
"(B) Signed by the applicant or tenant; and
"(C) That specifies, under penalty of perjury, that the professional believes in the occurrence of the incident of domestic violence, dating violence, sexual assault, or stalking that is the ground for protection and remedies under this subpart, and that the incident meets the applicable definition of domestic violence, dating violence, sexual assault, or stalking under § 5.2003 ; or
"(iii) A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or administrative agency; or
"(iv) At the discretion of a [landlord], a statement or other evidence provided by the applicant or tenant."
Failure to provide this documentation within the allotted time could also result in denial of admission to the covered program, denial of assistance under the covered program, or termination of participation in the covered program. See
VAWA requires that each landlord "adopt an emergency transfer plan ... based on HUD's model emergency transfer plan."
"If a [landlord] exercises the option to bifurcate a lease as provided in [
See, e.g., Safe Passage, https://safepass.org/[https://perma.cc/PTE6-MGSA] (providing counselling, legal advice, and support groups); Woman Shelter, About Us, https://www.womanshelter.org/about-us/ [https://perma.cc/GF5L-G9G3] (providing individual counselling, support groups, medical, financial and housing advocacy); Casa Myrna, Economic Stability, https://www.casamyrna.org/get-support/economic-stability/ [https://perma.cc/AK7A-3TJ4] (providing financial planning program).
Y.A. included with the instant appeal an affidavit detailing further information regarding the alleged abusive relationship; however, that information was not before the motion judge.
Although the BHA argues that the judge decided in its favor after having taken all of the circumstances into account, including a potential VAWA defense, we see no evidence in the judge's findings that he considered VAWA.
We have considered the BHA's remaining arguments and have determined that they are without merit. See Commonwealth v. Domanski,
To the extent that BHA argues that Y.A. has waived any defense to the breach of the original lease, we agree. Kelton Corp. v. County of Worcester,
At any rate, as a document created to give guidance to public housing agencies and owners, the HUD Guidance is not binding on courts. See Christensen v. Harris County,
Reference
- Full Case Name
- BOSTON HOUSING AUTHORITY v. Y.A.
- Cited By
- 2 cases
- Status
- Published