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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (50)

Full Text

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Importantly, the HUD Guidance requires an applicant or tenant to notify a landlord of the presence of domestic violence if he or she seeks VAWA protection, see HUD Guidance, supra at § 7.3. However, it is not a prerequisite to raising VAWA as a defense to eviction in court. The HUD Guidance was created to "provide[ ] guidance to Public Housing Agencies ... and owners on the requirements of the [VAWA statute and regulations]"; it is not binding on the courts. See id. at § 1. See also Christensen v. Harris County, 529 U.S. 576, 587, 120 S.Ct. 1655, 146 L.Ed.2d 621 (2000). Accordingly, an applicant or tenant who has not previously informed his or her landlord of the alleged domestic violence is not precluded from **247raising VAWA in court.