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HUD Housing Programs: Tenants’ Rights (The Green Book): 13.2.7 Remedies under VAWA

VAWA includes several potential avenues for survivors of VAWA crimes to pursue, outlined in this section, which generally allow the survivor to remain in federally assisted housing while taking actions to ensure safety—such as requesting an emergency transfer to a safe unit, or requesting to bifurcate the lease to remove the abuser. However, in practice, the extent to which these avenues are successfully utilized by survivors depends on a number of factors, including (and especially) the actions taken by the covered housing provider.

HUD Housing Programs: Tenants’ Rights (The Green Book): 13.3.1 Overview

Reasonable accommodations can be a powerful tool for ensuring that people with disabilities can fully access housing. Because requesting and granting an accommodation is extremely fact-specific, this section provides a basic overview of the analysis and some examples of reasonable accommodations in the context of federally assisted housing.

HUD Housing Programs: Tenants’ Rights (The Green Book): 13.3.2 Federal Definition of Disability

For purposes of federal civil rights laws, a person with a disability176 is any person who: 1) has a physical or mental impairment that substantially limits one or more major life activities;177 2) has a record of such impairment; or 3) is regarded as having such an impairment.178 In addition, the Fair Housing Act exempts from its coverage current users of illegal drugs179 and persons who pose a direc

HUD Housing Programs: Tenants’ Rights (The Green Book): 13.3.4 Common Issues Arising in Federally Subsidized Housing

Many of the reasonable accommodation issues for people living in privately owned housing and federally assisted housing overlap. Recipients of federal financial assistance, however, must abide by additional obligations under Section 504 of the Rehabilitation Act of 1973 (Section 504)216 that are not imposed on housing providers solely covered by the FHAA.217 Throughout this manual, there are references to a tenant’s right to reasonable accommodations in federally subsidized housing.

HUD Housing Programs: Tenants’ Rights (The Green Book): 13.4 Language Access Rights for Individuals with Limited English Proficiency

An increasing number of people nationwide are limited English proficient (LEP), including individuals who live in or are trying to access federally subsidized housing programs. A limited or lack of an ability to communicate in English can create significant barriers to accessing important benefits or services, understanding and exercising vital rights, complying with accompanying responsibilities, and understanding other essential information. These barriers can lead to denial of admission or to eviction.

HUD Housing Programs: Tenants’ Rights (The Green Book): 5.2.2 Retail-Metered Utilities

In a “retail-metered” building, each household has a separate account with the utility company and pays its utility bills directly to the utility company. Tenants residing in retail-metered units should be provided with a utility allowance in terms of a dollar amount applied as an offset against the tenant’s share of rent.5 This offset will generally reduce the amount of the tenant’s share of rent or, if the utility allowance exceeds the tenant’s share of rent, result in a reimbursement of the difference to the tenant.

HUD Housing Programs: Tenants’ Rights (The Green Book): 5.2.4 Master-Metered Utilities

In “master-metered” buildings, a single meter measures consumption for the building as a whole rather than for individual dwelling units or households. Where utilities are master-metered, the building’s owner pays the utility bills to the utility company, and utilities are included in the tenants’ rents, so utility allowances are not necessary. However, tenants may face surcharges for major tenant-supplied appliances, such as window air conditioners, washers or dryers.8

HUD Housing Programs: Tenants’ Rights (The Green Book): 5.4.1 Utility Charges in Public Housing

In the public housing program, the term “utilities” may include electricity, gas, heating fuel,33 water and sewer services, and trash collection services.34 It does not include telephone service or cable television.35 HUD’s public housing regulations also exclude air conditioning from the allowance in most cases.36 As an initial matter, it is important to verify that the PHA is in fact providi

HUD Housing Programs: Tenants’ Rights (The Green Book): 5.4.2 Establishing Public Housing Utility Allowances

Public housing utility allowances are set at an amount “to approximate a reasonable consumption of utilities by an energy-conservative household of modest circumstances consistent with the requirements of a safe, sanitary, and healthful living environment.”61 The regulations further provide that in establishing any utility allowances, the PHA shall take into account at least nine enumerated factors:

HUD Housing Programs: Tenants’ Rights (The Green Book): 13.5.1 Introduction

This section provides an overview of federal law and other authority concerning fair and equal access to housing. The following discussion is not intended to be a comprehensive examination of fair housing law, but rather a survey of its basic concepts and guiding principles, as well as a starting point for further research.262

HUD Housing Programs: Tenants’ Rights (The Green Book): 13.5.2.1 Overview

Title VIII of the Civil Rights Act of 1968—more commonly known as the Fair Housing Act (FHA)—is a cornerstone of federal civil rights legislation.263 With the backdrop of housing segregation that was “the well-entrenched product of a half-century of institutional racism by both public and private entities,”264 Congress passed the FHA.