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Housing Concerns for Sexual Assault Victims
Being sexually assaulted often causes a serious housing crisis
for the victim. This is because being assaulted in or near your
home happens a lot. In fact, research by the U.S.
Department of Justice suggests that 60 percent of sexual assaults
on college campuses take place in the victim’s own dorm or
residence.
- If you were raped in your home, near your home, or in your housing
complex, it is perfectly normal for you to want to leave that
place.
- If the perpetrator lives in the same home, apartment, complex
or dorm, you may also want to flee.
There are a number of housing protections that can help with these
problems. However, securing those protections can be difficult on
an emergency, short-term basis (within 1-6 weeks after the assault).
At the Victim Rights Law Center, we can look at your particular
situation and give you a idea of what your legal options are.
Housing - Legal Information and Remedies
Please note: The laws outlined below provide you with general
information only. They do not provide specific legal advice to address
your specific situation. For personal legal advice please contact
us or another qualified attorney.
Leaving your housing immediately
Legal options to fix a housing problem on a non-emergency
basis
Getting the perpetrator to leave the premises where
you live
Leaving your housing immediately, on an
emergency basis (within the first few weeks after the assault)
- If you are a student living in university-owned housing,
you can ask the university to help you make an emergency move
to a new dorm or apartment.
- If you are not a student, finding a solution to a sexual
assault related housing problem can be a challenge. In Boston,
there are no emergency housing programs specifically for sexual
assault survivors, and Massachusetts’ Victim Compensation
does not cover moving costs for people who move because of a violent
crime. If you need to move immediately, you can ask family
or friends for help, or call your local Rape
Crisis Center, national
rape crisis program, or domestic
violence shelter. They will be able to help you find a place
to stay on an emergency basis, such as a domestic violence shelter,
a homeless shelter, a shelter at a place of worship, etc.
Legal options to fix a housing problem on a
non-emergency basis
If you were sexually assaulted in or near your home, there are a
number of legal options you may have. Depending on whether you live
in public housing, subsidized housing or private housing, your landlord
may be legally required to help you.
- If you live in public housing or qualify for low-income
housing, you or your attorney may be able to pursue one of the
following options:
- Request a transfer to a different housing facility
- End your lease with the Local Housing Authority
- Apply for “priority status” for new housing.
Public housing agencies often have what’s called a “priority
status” category. If you fit into one of these categories,
you may be able to get an emergency transfer to a new place or
you can get on the list to be transferred. For example, with the
Boston Housing Authority, if you fit into one of the following
categories you can move up the line for priority housing:
- Danger of homelessness
- Danger of retaliation for criminal justice participation,
- Domestic violence
- If you are in private housing (renting an apartment),
An attorney can look at your case and tell you whether the perpetrator
or the landlord can be made to help you with your housing emergency.
You may be able to pursue one of the following options:
- End your lease with or without the landlord’s agreement
- Talk to the landlord about changing the terms of the lease
- Try to get out of your lease
Getting the perpetrator to leave the premises
where you live
In both public and private housing, you can also try to get the
perpetrator to leave or stay away from the building through a variety
of legal means.
If you are a victim and have specific questions or concerns
about any of these housing issues, you can contact
us at the Victim Rights Law Center.
Attorneys and Advocates should consult with our Attorney
Practice Manual for an in-depth discussion of these matters.
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