Bos. Hous. Auth. v. Y.A., 121 N.E.3d 1237 (2019)

Citation: Bos. Hous. Auth. v. Y.A., 121 N.E.3d 1237 (2019)
Parent Document: Bos. Hous. Auth. v. Y.A., 121 N.E.3d 1237 (2019)
Jurisdiction: Massachusetts (state)
Effective Date: 2019-05-10
Original Source: https://www.courtlistener.com/opinion/7178398/bos-hous-auth-v-ya/ ↗

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In order for an applicant or tenant to seek assistance pursuant **244to VAWA from a covered housing provider (landlord),11 he or she must "[i]nform the [landlord] that [he or she is] a victim of domestic violence" and further must "[p]rovide enough information for the [landlord] to make a determination regarding the adverse factor [he or she is] claiming was a direct result of domestic violence." 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) § 7.3, at 9 (May 19, 2017) (HUD Guidance), https://www.hud.gov/sites/documents/PIH-2017-08VAWRA2013.PDF [https://perma.cc/X9PJ-B3L8]. Upon being made aware that an applicant or tenant seeks protection under VAWA, the landlord "should consider the individual's statement and any possible supporting documentation in determining if an adverse factor was a direct result of domestic violence."12 Id. If the landlord determines that further information is needed, the *1242landlord may make a written request seeking additional supporting documentation from the applicant or tenant.13 See 34 U.S.C. § 12491(c)(1) ; 24 C.F.R. § 5.2007(a)(1). The failure of the tenant to provide the requested **245documentation within fourteen days could result in, among other things, eviction.14 See 34 U.S.C. § 12491(c)(2)(A)(iv) ; 24 C.F.R. § 5.2007(a)(2)(i)(D).

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