24 C.F.R. § 982.53
§ 982.53 Equal opportunity requirements and protection for victims of domestic violence, dating violence, sexual assault, or stalking. (24 CFR Part 982)
Operative Text
(a) The tenant-based program requires compliance with all equal opportunity requirements imposed by contract or federal law, including the authorities cited at 24 CFR 5.105(a) and title II of the Americans with Disabilities Act, 42 U.S.C. 12101 et seq. (b) Civil rights certification. The PHA must submit a signed certification to HUD that: (1) The PHA will administer the program in conformity with the Fair Housing Act, Title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act. (2) The PHA will affirmatively further fair housing in the administration of the program. (c) Obligation to affirmatively further fair housing. The PHA shall affirmatively further fair housing as required by § 903.7(o) of this title. (d) State and local law. Nothing in part 982 is intended to pre-empt operation of State and local laws that prohibit discrimination against a Section 8 voucher-holder because of status as a Section 8 voucher-holder. However, such State and local laws shall not change or affect any requirement of this part, or any other HUD requirements for administration or operation of the program. (e) Protection for victims of domestic violence, dating violence, sexual assault, or stalking. The PHA must apply the requirements in 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking). For purposes of compliance with HUD's regulations in 24 CFR part 5, subpart L, the covered housing provider is the PHA or owner, as applicable given the responsibilities of the covered housing provider as set forth in 24 CFR part 5, subpart L. For example, the PHA is the covered housing provider responsible for providing the Notice of occupancy rights under VAWA and certification form described at 24 CFR 5.2005(a). In addition, the owner is the covered housing provider that may choose to bifurcate a lease as described at 24 CFR 5.2009(a), while the PHA is the covered housing provider responsible for complying with emergency transfer plan provisions at 24 CFR 5.2005(e).
Section 982.53 establishes that the Housing Choice Voucher (tenant-based) program operates under a broad framework of federal equal opportunity and anti-discrimination obligations, including the Fair Housing Act, Title VI, Section 504, and the Americans with Disabilities Act. It also requires Public Housing Authorities (PHAs) to affirmatively further fair housing—meaning they must take active steps, not merely avoid discrimination. Separately, the provision extends VAWA protections to voucher participants, assigning specific responsibilities to PHAs and owners depending on the type of action involved, such as issuing occupancy rights notices or handling emergency transfer plans.
Plain English — not legal advice.
Under § 982.53, owners who participate in the Housing Choice Voucher program share responsibility with the PHA for complying with VAWA protections outlined in 24 CFR part 5, subpart L. A compliant owner generally understands which VAWA obligations fall to them directly—such as the option to bifurcate a lease to remove a perpetrator while retaining the victim as a tenant—versus those that rest with the PHA. Owners also operate within the full suite of federal fair housing and civil rights requirements referenced in § 982.53, and should be aware that state or local laws may provide additional protections for voucher-holders beyond what federal rules require.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 982.53 means that voucher participants are protected not only by general federal anti-discrimination laws but also by VAWA-specific rights, which include receiving a formal Notice of Occupancy Rights from the PHA and having access to emergency transfer options if safety is at risk. If a tenant believes their PHA or landlord has failed to honor these obligations—such as by denying a transfer request or improperly terminating assistance related to a VAWA-covered situation—they may raise the violation as a defense in an administrative proceeding, file a complaint with HUD, or contact a local tenant-rights or domestic violence advocacy organization for guidance. State and local laws referenced in § 982.53(d) may also offer additional protections against discrimination based on voucher status, which can be explored through a local fair housing agency.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 5, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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