Victims of domestic violence may also have housing problems. Victims who live in rental housing are three times more likely to experience violence than victims who own their own homes. Two Illinois laws - the Safe Homes Act and the Violence Against Women Act - provide victims of violence who live in rental housing with some of the tools necessary to access and maintain safe housing. To see a brochure explaining both laws, click on the title below:

Pamphlet: Housing Rights for Victims of Domestic and Sexual Violence (PDF)

The Illinois Safe Homes Act

What is it? 

The Safe Homes Act is an Illinois law that allows victims of domestic or sexual violence to end their rental lease early and leave their home to protect their physical safety and emotional well being. It does not matter if the lease is written or oral. In certain circumstances, victims can also request an emergency lock change to keep the abuser out of the home.

Before this law was enacted, a woman who was raped by an unknown assailant in her home could not end her lease early, and a victim of domestic violence could not change her locks to prevent her abusive boyfriend from re-entering her apartment.

What is its purpose?

To recognize that survivors of domestic and dating violence, sexual assault, and stalking face particularly dangerous and emotionally draining situations as well as economic consequences when they are trapped in rental housing that jeopardizes their physical safety or emotional well being.

Who can benefit? 

Anyone, including children, who lives in private rental housing or subsidized housing, including "Section 8" Housing Choice Vouchers who has been or would be the victim of domestic violence, dating violence, stalking, sexual assault or sexual abuse. The Safe Homes Act does not cover residents who live in public housing.

How to use the Safe Homes Act to leave an apartment before the lease ends

The Safe Homes Act allows anyone in a household, including children, who is the victim of domestic violence, dating violence, stalking or sexual violence to end their lease early and leave their home, if there is a credible imminent threat of harm on the premises by taking certain steps.

What proof does the victim have to give the [no-lexicon]landlord[/no-lexicon] to be able to leave the rental apartment before the end of the lease?

The victim must give the landlord or their agent (such as the property manager), within 3 days of leaving the home (before or after), written notice of the threat of future domestic violence or sexual violence on the premises. The premises may include inside the apartment, the laundry room, backyard, parking lot, hallways, or the front and back entrances to the property. Other than the person's statement of a threat of future harm, you do not have to provide other proof (like a police report or court order). See a sample notice: Notice to End Lease Early Due to Credible, Imminent Threat of Domestic or Sexual Violence .

If the victim gives proper notice to the landlord, they may not be held responsible for rent due after they have left the apartment. The landlord cannot keep the security deposit or any interest because the tenant lawfully exercised their rights under the Safe Homes Act. However, tenants who use the Safe Homes Act must be sure they remove all of their belongings from the unit and return the keys to the landlord or property manager when they leave the apartment. Otherwise, the tenant could potentially still be held responsible for the unit.

What are some examples of a credible, imminent threat?

There are many situations where survivors can use the Illinois Safe Homes Act to help them flee dangerous housing. Some examples of a credible, imminent threat include:

• The abuser comes to their (or a household member's) job, and they fear he will come to their house next,
• A stalker stands across the street from their apartment,
• An abusive ex-boyfriend knows where they live, and
• The person is sexually assaulted on the premises, and the police have not caught the perpetrator.

What are extra protections available for victims of sexual violence?

Victims of sexual violence, sexual assault, and sexual abuse, can leave their apartment early without showing a credible, imminent threat of future harm if the sexual violence occurred on the premises.

The victim must notify the landlord or property manager in writing within three days (before or after) leaving the apartment. They must also notify the landlord within 60 days of the sexual violence, or as soon as possible, if the survivor cannot reasonably give notice for reasons related to the sexual violence (hospitalization, seeking counseling or shelter). The notice must state the reason for leaving the premises was because of sexual violence against the tenant or a member of the tenant's household, and the date of the sexual violence. The victim must also provide evidence supporting the claim of sexual assault/violence. The evidence must be at least one of the following:

• A police report,
• Medical records,
• Court records, or
• A statement from a victim service organization or rape crisis organization from which the victim sought services.

Click on the title below to see a sample notice for a victim of sexual violence:

Notice to End Lease Early: Sexual Violence Occurred on the Premises

If proper notice is given, the survivor may not be held responsible for rent due after leaving the apartment. The landlord cannot keep the security deposit or any interest that has accrued because the tenant lawfully exercised their rights under the Safe Homes Act.

What happens if the [no-lexicon]landlord[/no-lexicon] sues the tenant for the rent due after they have left the apartment?

If the landlord sues the tenant for rent payments remaining under lease, the tenant has an "affirmative defense" (a defense that can defeat a plaintiff's legal claim even if that claim is true) to the non-payment of rent. This affirmative defense can be used only if the notice of a credible imminent threat was properly given to the landlord or property manager, or if the notice of sexual violence and supporting documentation was properly given to the landlord or property manager. 

How to use the Safe Homes Act to change the locks

Tenants who are victims of domestic or sexual violence can also obtain emergency lock changes. The right to a lock change differs depending on the type of lease and if the abuser is named on the lease. For tenants with a written lease where the abuser is not named on the lease, the tenant must provide a written notice from all tenants who signed the lease, requesting a lock change due to a credible imminent threat of domestic or sexual violence on the premises. 

If the abuser is not a signer on the lease, the notice must be backed up by at least one of the following types of evidence:

• A police report,
• Medical records,
• Court records, or
• A statement from a victim service organization or rape crisis organization from which the victim sought services.

For tenants with a written lease where the abuser is named and for tenants with an oral lease, regardless of where the abuser lives, the tenant must provide written notice from all tenants who are on the written or oral lease (except the abuser) requesting a lock change due to a credible imminent threat of domestic or sexual violence on the premises.

The notice must be accompanied by a copy of a Plenary Order Of Protection or Civil No Contact Order providing exclusive possession to one of the tenants in the household.

Click on a title below to see a sample lock change request:

• Sample Lock Change Notice (abuser on lease)
• Sample Lock Change Notice (abuser not on the lease)

What must the [no-lexicon]landlord[/no-lexicon] do once he receives proper notice of the request for a lock change?

Once the landlord proper notice, the landlord has 48 hours to change the locks or to allow the tenant to change the locks. The landlord may charge a reasonable fee for the expense of the lock change. If a landlord does not change the locks within 48 hours after receiving proper notice, the tenant may change the locks without permission or sue the landlord to have the locks changed. Click on the title below to see a sample court document for having the locks changed:

Safe Homes Act Complaint

Both parties should give the other a new set of keys as soon as possible or not later than 48 hours. Both sides could be liable if damages are resulting from the denial of access to the unit.

The Violence Against Women Act

What is it?

The federal Violence Against Women Act of 2005 (VAWA 2005) (Pub. L. 109-162; 119 Stat. 2960) was signed into law January 5, 2006. This law protects victims of domestic violence, dating violence, and stalking who live in public housing, Project-based Section 8 housing, or have a Housing Choice "Section 8" Voucher, also referred to as public or subsidized housing. 

The protections also cover immediate family members, and any person living with the victim and are related to her by blood or marriage. This includes the victim’s spouse, parent, brother, sister, child or any person to whom the victim acts as a legal guardian.

What is the purpose of VAWA?

The purpose of VAWA is to reduce domestic violence, dating violence, sexual violence, and stalking, and to prevent homelessness by:

• Protecting the safety of victims living in this certain types of housing,
• Ensuring victims’ meaningful access to the criminal justice system without jeopardizing their housing,
• Creating long-term housing solutions for this population,
• Building collaborations between victims and housing agencies to provide services, training, and interventions, and
• Enabling public housing authorities and landlords to respond appropriately to violence while maintaining safe housing for everyone.

VAWA protects victims of violence from being denied public or subsidized housing because they are victims of violence. They also protect victims from being evicted from their housing or having their subsidies ended because of actual or threatened violence.

Who can benefit?

This law helps victims of domestic violence, dating violence, sexual assault, and stalking (as well as members of their immediate family and/or household) who live in, or are applying for public or subsidized housing. Note that victims of sexual violence are only protected in limited circumstances.

How VAWA protects survivors in admissions

If someone applies for public or subsidized housing, the owner or housing authority cannot use his or her history as a victim of domestic violence, dating violence, or stalking as a reason to refuse housing assistance, if the victim would otherwise qualify.

In order for a public housing authority or owner to be considered for a VAWA money grant, it cannot consider an applicant’s history as a victim of sexual violence as a basis for denying housing assistance.

How VAWA protects survivors from eviction/subsidy terminations

VAWA provides relief to victims from federal "one-strike" criminal activity eviction laws. In light of VAWA:

• Actual or threatened domestic violence, dating violence, sexual assault, or stalking will not be considered serious or repeated violations of the lease or good cause for terminating assistance or the tenancy, and 
• Criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking by a member of the tenant’s household, any guest, or another person under the tenant’s control shall not terminate the tenant’s assistance or tenancy, if the tenant or an immediate member of their family is the victim or threatened victim of that domestic violence, dating violence, sexual assault, or stalking.

Housing authorities and owners can also change the lease to evict, remove from the household, or terminate assistance to any tenant or lawful occupant who engages in criminal acts of violence directly relating to domestic violence, dating violence, sexual assault, or stalking, against family members or others. The housing authority or owner can give the victim of violence and the abuser each a separate lease, voucher, or unit of housing. It is up to the housing authority or owner to determine if they will begin eviction or termination of assistance proceedings against the abuser. Because the victim has a lease, housing will not be in jeopardy if the housing authority or owner evicts the abuser.
 
However, housing authorities and owners can evict or end the lease if:

• There is a lease violation not based on the acts of domestic violence, dating violence, sexual assault, or stalking against the tenant or a member of the tenant’s household, provided victims of violence are not subject to a more rigorous standard than other tenants when determining whether or not to evict or end assistance, and
• The housing authority can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property, if that tenant stays in their current housing.

How VAWA protects victims of violence who receive orders of protection

The housing authority or owner cannot interfere with a victim's efforts to work with the police or the court to keep an abuser away from them or someone in their household. If a victim receives a court order, such as an Order of Protection, the housing authority or owner must act according to the court order, especially as it relates to who has a right to the housing, the housing subsidy, or access to the property.

How VAWA protects the victim's confidentiality

VAWA recognizes that protecting a victim’s privacy is central to maintaining their safety. Housing authorities, housing providers, and owners must keep confidential all information provided by victims of violence. This confidential information cannot be entered into any shared databases nor can it be provided to other individuals. The information may only be released if the victim of violence requests in writing that the information be released, or if the release of the information is otherwise required by law.

How VAWA protects voucher holders who flee their homes for safety reasons

VAWA also protects victims of violence who have Housing Choice Vouchers and need to leave their current housing due to an imminent threat of domestic violence, dating violence, sexual assault, or stalking. When someone moves from one housing authority to another using a Housing Choice Voucher, this activity is called "porting".  Permission is typically required from both housing authorities to make this move before you are allowed to move with your voucher to a new housing authority's jurisdiction. Because of VAWA, victims of domestic violence, dating violence, sexual assault, and stalking who flee due to an imminent threat before obtaining permission from both jurisdictions should be allowed to "port", or move, with a voucher. For the move to be approved, the voucher holder must also comply with all other program requirements.

What a victim of violence must show to receive assistance

To receive protection under VAWA, a victim of violence must have experienced one incident of violence, and that incident must have formed the basis for the housing authority or landlord’s action against the victim.

VAWA does not require housing authorities or landlords to ask for documentation of the fact that an individual is a victim of domestic violence, dating violence, sexual assault, or stalking. A housing authority or landlord may accept the person’s statement that she is a victim of abuse as sufficient.

A housing authority or landlord may also ask for additional documentation, which may include:

• Police or court records documenting the violence,
• Statements from an employee, agent, or volunteer of a victim service provider, an attorney, or medical professional, from whom the victim has sought services to address the violence. It should be signed under penalty of perjury that the incidents in question are actual incidents of abuse. The victim must also sign this statement, and the document must name the offender, and
• Completion of a HUD certification form.

Once a housing authority or landlord has requested the documentation, the victim has 14 days to provide the documentation or the housing authority/landlord may begin eviction proceedings. The housing authority or landlord may give the victim additional time to provide the information.

How housing authorities must notify residents of their VAWA rights

Public housing authorities must provide notice to tenants of their rights according to VAWA, including the right to not be evicted or have their assistance terminated, their right to confidentiality, and must inform owners and managers of their obligations. Housing authorities must also incorporate the above provisions and any new programs, collaborations, or other efforts aimed at protecting victims of domestic and sexual violence into their annual and five-year plans.

Where to go for more information

Here is the complete text of The Violence Against Women and Department of Justice Reauthorization Act of 2005.