Victims of Domestic Violence in Pennsylvania Get Some Protection from Eviction

Last month, Pennsylvania provided increased protection for domestic violence victims living in affordable housing in the Low-Income Housing Tax Credit Program (LIHTC). The LIHTC program uses federal tax credits to incentivize the development of low-income housing, and each state, through Housing Finance Agencies, administers the program on behalf of the federal government.

The Pennsylvania Housing Finance Agency made history in September when it released its 2013 Qualified Allocation Plan (QAP). The QAP establishes Pennsylvania’s requirements for administration of the LIHTC program in the state. One line in the 27-page document has the potential to have a big impact for victims of domestic violence: “Experience as of [sic] victim of domestic violence alone may not constitute good cause for eviction under the terms of the lease.” This change to Pennsylvania’s LIHTC administration has been long advocated for by two local organizations that work directly with LIHTC renters—Community Legal Services and Regional Housing Legal Services.

What does this mean? While under most circumstances, the arrival of the police to a LIHTC rental unit constitutes good cause for eviction, this sentence carves out an exception for those who are victims of domestic violence. The result is that people who live in LIHTC housing no longer have to fear eviction for calling the police against a batterer. In fact, the QAP requires that LIHTC building owners certify every year, under penalty of perjury, that they are complying with this provision.

We know that women suffer from domestic violence at much higher rates than men. We also know that LIHTC is the largest affordable housing program in U.S. history—and that there are 80,000 units of LIHTC housing in Pennsylvania alone. This is an important step for low-income families in Pennsylvania, and we hope it inspires other states to follow suit.