{"id":1002,"date":"2026-08-23T09:14:36","date_gmt":"2026-08-23T09:14:36","guid":{"rendered":"https:\/\/sccowordpresstrial8714.live-website.com\/?p=1002"},"modified":"2026-10-26T02:17:04","modified_gmt":"2026-10-26T02:17:04","slug":"serving-a-notice-to-quit-on-a-section-8-tenant-check-the-vawa","status":"publish","type":"post","link":"https:\/\/maconstable.com\/blog\/f\/serving-a-notice-to-quit-on-a-section-8-tenant-check-the-vawa\/","title":{"rendered":"Serving a Notice to Quit on a Section 8 Tenant? Check the VAWA"},"content":{"rendered":"\n
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Serving a Notice to Quit on a Section 8 Tenant? Check the VAWA Requirements First<\/span><\/span><\/h1>

Landlords and attorneys preparing a <\/span><\/span>Notice to Quit involving a Section 8 tenant<\/span><\/span> should be aware that the Violence Against Women Act (VAWA) contains important protections and notice requirements applicable to federally assisted housing.<\/span><\/span><\/p>

Section 8 housing is specifically covered by VAWA, and HUD requires certain VAWA information to be provided at specified times, including in connection with eviction and termination notices.<\/span><\/span><\/p>

However, Section 8 programs are not all administered in exactly the same way, and determining which party is responsible for a particular notice can depend on the type of assistance and circumstances.<\/span><\/span><\/p>

This article is intended only to alert landlords, property managers, attorneys, and housing professionals to an issue that may apply when terminating a Section 8 tenancy. It is not legal advice. Subsidized-housing requirements can be complex and fact-specific. Landlords and property managers should consult with a qualified attorney experienced in Massachusetts housing law regarding the requirements applicable to a particular tenancy before proceeding with an eviction.<\/span><\/span><\/p>

What Are the VAWA Forms?<\/span><\/span><\/h2>

Two HUD forms are particularly relevant:<\/span><\/span><\/p>

HUD-5380 \u2014 Notice of Occupancy Rights Under the Violence Against Women Act<\/span><\/span><\/p>

This notice explains the housing protections available under VAWA.<\/span><\/span><\/p>

HUD-5382 \u2014 Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking<\/span><\/span><\/p>

This form provides one method through which a tenant may document circumstances qualifying for VAWA protection.<\/span><\/span><\/p>

The current HUD-5380 states that a covered housing provider must provide both HUD-5380 and HUD-5382 when a tenant receives an <\/span><\/span>eviction or termination notice and prior to termination of the tenancy<\/span><\/span>.<\/span><\/span><\/p>

In other words, these are not forms that become relevant only after a tenant raises a VAWA claim. HUD specifically identifies an eviction or termination notice as one of the times when the forms are to be provided.<\/span><\/span><\/p>

Does VAWA Apply to Section 8?<\/span><\/span><\/h2>

Yes.<\/span><\/span><\/p>

HUD specifically identifies several Section 8 programs as covered housing programs, including:<\/span><\/span><\/p>

  • Tenant-based Housing Choice Vouchers, commonly called Section 8;<\/span><\/span><\/div><\/li>
  • Project-Based Vouchers;<\/span><\/span><\/div><\/li>
  • Section 8 Project-Based Rental Assistance; and<\/span><\/span><\/div><\/li>
  • Certain other federally assisted housing programs.<\/span><\/span><\/div><\/li><\/ul>

    But there is an important point:<\/span><\/span><\/p>

    “Section 8” does not describe a single, uniform housing arrangement.<\/span><\/span><\/p>

    A tenant may have a portable Housing Choice Voucher, live in a Project-Based Voucher unit, or receive another form of project-based Section 8 assistance.<\/span><\/span><\/p>

    Those differences can affect the responsibilities of the landlord, property owner, Public Housing Agency (PHA), or other housing provider.<\/span><\/span><\/p>

    Who Is Responsible for Providing the VAWA Forms?<\/span><\/span><\/h2>

    There is not a one-size-fits-all answer that should be applied to every Section 8 tenancy.<\/span><\/span><\/p>

    HUD defines a <\/span><\/span>covered housing provider<\/span><\/span> according to the entity responsible for providing or overseeing the particular VAWA protection involved. Depending upon the program and circumstances, that entity can include a PHA, housing owner, housing manager, project sponsor, governmental agency, or another responsible organization.<\/span><\/span><\/p>

    For tenant-based Housing Choice Vouchers, HUD guidance assigns significant VAWA notification responsibilities to the PHA administering the voucher.<\/span><\/span><\/p>

    At the same time, landlords and owners participating in covered housing programs remain subject to applicable VAWA protections and other program requirements.<\/span><\/span><\/p>

    Therefore:<\/span><\/span><\/p>

    A landlord should not simply assume that the housing authority has satisfied every VAWA requirement associated with the landlord’s termination of a tenancy.<\/span><\/span><\/p>

    Likewise, it would be too broad to say that every private landlord must independently attach the same VAWA documents to every Section 8 Notice to Quit regardless of the type of Section 8 assistance involved.<\/span><\/span><\/p>

    The applicable requirements should be determined before the Notice to Quit is served.<\/span><\/span><\/p>

    If there is any question about which VAWA notices are required or who is responsible for providing them, consult with a qualified attorney experienced in Massachusetts housing law and, when appropriate, the PHA administering the tenant’s assistance.<\/span><\/span><\/p>

    Eviction and Termination of Section 8 Assistance Are Different<\/span><\/span><\/h2>

    Another important distinction is between terminating a tenancy and terminating housing assistance.<\/span><\/span><\/p>

    A <\/span><\/span>landlord or owner<\/span><\/span> may seek to terminate a tenancy and recover possession of the property through the eviction process.<\/span><\/span><\/p>

    A <\/span><\/span>PHA or other administering agency<\/span><\/span> may separately take action affecting the tenant’s voucher or rental assistance.<\/span><\/span><\/p>

    These are not necessarily the same action.<\/span><\/span><\/p>

    VAWA contains protections applicable to both eviction and termination of assistance, but the procedures and responsibilities can differ.<\/span><\/span><\/p>

    A landlord should therefore not assume that a notice separately issued by a housing authority automatically satisfies every requirement applicable to the landlord’s termination of the tenancy.<\/span><\/span><\/p>

    What Does VAWA Protect?<\/span><\/span><\/h2>

    VAWA provides housing protections to victims of:<\/span><\/span><\/p>

    • Domestic violence;<\/span><\/span><\/div><\/li>
    • Dating violence;<\/span><\/span><\/div><\/li>
    • Sexual assault; and<\/span><\/span><\/div><\/li>
    • Stalking.<\/span><\/span><\/div><\/li><\/ul>

      Despite its name, <\/span><\/span>VAWA’s housing protections are not limited to women.<\/span><\/span><\/p>

      A tenant generally cannot be evicted from covered housing or lose covered housing assistance merely because the tenant or an affiliated person is or has been a victim of VAWA-covered violence or abuse.<\/span><\/span><\/p>

      VAWA can also protect a tenant when conduct being relied upon as a basis for eviction is a direct result of violence or abuse committed against that tenant or an affiliated person.<\/span><\/span><\/p>

      HUD’s current notice provides examples involving circumstances such as noise complaints, property damage, or another person’s criminal activity that directly result from VAWA-covered abuse.<\/span><\/span><\/p>

      VAWA Does Not Prevent Every Eviction<\/span><\/span><\/h2>

      VAWA protections do <\/span><\/span>not<\/span><\/span> mean that a Section 8 tenant cannot be evicted.<\/span><\/span><\/p>

      HUD-5380 expressly states that VAWA does not prevent eviction or loss of assistance for a lease violation, program violation, or other violation that is <\/span><\/span>not the result of VAWA-covered violence or abuse<\/span><\/span> committed against the tenant or an affiliated person.<\/span><\/span><\/p>

      There are also additional protections, exceptions, and limitations that can apply when VAWA issues are involved.<\/span><\/span><\/p>

      Whether particular conduct constitutes lawful grounds for termination is a legal determination.<\/span><\/span><\/p>

      South County Constable Office does not make that determination. A landlord considering an eviction in which domestic violence, dating violence, sexual assault, stalking, or another potential VAWA issue is involved should consult a qualified attorney experienced in housing law before proceeding.<\/span><\/span><\/p>

      What Should Be Sent to the Constable?<\/span><\/span><\/h2>

      From a service-of-process standpoint, our request is straightforward:<\/span><\/span><\/p>

      If HUD-5380, HUD-5382, or another program-specific notice is required to accompany your Notice to Quit, include it in the service packet provided to our office.<\/span><\/span><\/p>

      South County Constable Office will serve the documents provided and can identify the documents served in the return of service.<\/span><\/span><\/p>

      However, <\/span><\/span>the constable’s acceptance of documents for service does not constitute a legal review of those documents.<\/span><\/span><\/p>

      We do not determine whether:<\/span><\/span><\/p>

      • The correct type of Notice to Quit was selected;<\/span><\/span><\/div><\/li>
      • The grounds stated are legally sufficient;<\/span><\/span><\/div><\/li>
      • A particular VAWA notice is required;<\/span><\/span><\/div><\/li>
      • The appropriate version of a VAWA form has been used;<\/span><\/span><\/div><\/li>
      • The PHA has received all required notices;<\/span><\/span><\/div><\/li>
      • A HAP contract or housing program imposes additional requirements; or<\/span><\/span><\/div><\/li>
      • The documents provided constitute the complete set of notices required by federal or Massachusetts law.<\/span><\/span><\/div><\/li><\/ul>

        Those questions should be resolved <\/span><\/span>before the documents are submitted for service.<\/span><\/span><\/p>

        Don’t Use a VAWA Form From the Wrong Housing Authority<\/span><\/span><\/h2>

        Another potential problem is using the wrong version of the VAWA notice.<\/span><\/span><\/p>

        HUD-5380 is a model notice that may contain information customized for a particular housing provider.<\/span><\/span><\/p>

        For example, a VAWA packet prepared for the <\/span><\/span>Brockton Housing Authority<\/span><\/span> may contain Brockton-specific telephone numbers, contacts, language-assistance information, emergency-transfer information, and instructions.<\/span><\/span><\/p>

        That does not mean the same customized packet is appropriate for a tenant whose assistance is administered by another housing authority.<\/span><\/span><\/p>

        Do not simply download a VAWA packet from an unrelated housing authority and assume that it is appropriate for your tenant.<\/span><\/span><\/p>

        Confirm that the forms are current and appropriate for the tenant’s particular housing program and administering agency.<\/span><\/span><\/p>

        Don’t Confuse VAWA With the Massachusetts Notice to Quit Accompanying Form<\/span><\/span><\/h2>

        Massachusetts has separate requirements applicable to residential Notices to Quit.<\/span><\/span><\/p>

        For a residential <\/span><\/span>Notice to Quit for nonpayment of rent<\/span><\/span>, Massachusetts law requires the Notice to Quit Accompanying Form under G.L. c. 186, \u00a7 31.<\/span><\/span><\/p>

        The Massachusetts Notice to Quit Accompanying Form and federal VAWA documents are <\/span><\/span>different documents serving different purposes<\/span><\/span>.<\/span><\/span><\/p>

        One does not replace the other.<\/span><\/span><\/p>

        Depending upon the tenancy, reason for termination, and housing program involved, several documents may need to be provided in connection with a Notice to Quit.<\/span><\/span><\/p>

        Before Sending a Section 8 Notice to Quit for Service<\/span><\/span><\/h2>

        Before submitting a Section 8 Notice to Quit to our office, landlords and property managers should determine:<\/span><\/span><\/p>

        • What type of Section 8 assistance does the tenant receive?<\/span><\/span><\/div><\/li>
        • Which PHA or housing authority administers the assistance?<\/span><\/span><\/div><\/li>
        • Is the assistance tenant-based or project-based?<\/span><\/span><\/div><\/li>
        • Does the PHA need to receive a copy of the termination notice?<\/span><\/span><\/div><\/li>
        • Who is responsible for providing HUD-5380 and HUD-5382 under the applicable program?<\/span><\/span><\/div><\/li>
        • Are those forms required to accompany the particular eviction notice?<\/span><\/span><\/div><\/li>
        • Are there additional HUD, PHA, lease, HAP-contract, or program-specific termination requirements?<\/span><\/span><\/div><\/li>
        • If the case involves nonpayment of rent, is the Massachusetts Notice to Quit Accompanying Form also required?<\/span><\/span><\/div><\/li><\/ul>

          If you cannot confidently answer those questions, stop before serving the Notice to Quit and consult with a qualified attorney experienced in Massachusetts housing law.<\/span><\/span><\/p>

          Once the applicable requirements have been determined, provide the constable with the complete packet of documents that needs to be served.<\/span><\/span><\/p>

          Bottom Line<\/span><\/span><\/h2>

          Section 8 housing is covered by the housing protections of the Violence Against Women Act, and VAWA requirements should be considered before a Notice to Quit involving a Section 8 tenant is served.<\/span><\/span><\/p>

          HUD-5380 and HUD-5382 are specifically associated with eviction and termination notifications in covered housing.<\/span><\/span><\/p>

          But Section 8 programs differ. Tenant-based vouchers, project-based vouchers, and other forms of Section 8 assistance can involve different responsibilities for the PHA, owner, landlord, and other housing providers.<\/span><\/span><\/p>

          The practical approach is:<\/span><\/span><\/p>

          Identify the subsidy. Identify the administering PHA. Determine the applicable VAWA and program requirements. Consult qualified housing counsel when necessary. Then provide the constable with the complete set of documents that must be served.<\/span><\/span><\/p>

          It is much easier to address a notice issue before service than to discover one after a Summary Process action has already been filed.<\/span><\/span><\/p>

          Important Legal Disclaimer<\/span><\/span><\/h2>

          This article is provided for general informational purposes only. It is not legal advice and should not be relied upon as a substitute for advice from a qualified attorney.<\/span><\/span><\/p>

          South County Constable Office provides service of process and related constable services. We do not provide legal advice or determine whether a Notice to Quit, eviction notice, VAWA notice, or other document satisfies the legal requirements applicable to a particular tenancy.<\/span><\/span><\/p>

          Federal subsidized-housing requirements, HUD regulations and guidance, PHA procedures, lease and program requirements, and Massachusetts landlord-tenant law can be complex and fact-specific.<\/span><\/span><\/p>

          Landlords, property managers, and others considering termination of a Section 8 tenancy are strongly encouraged to consult with a qualified attorney experienced in Massachusetts housing law before proceeding.<\/span><\/span><\/p>

          Questions concerning whether HUD-5380, HUD-5382, or another notice is legally required in a particular case, whether a particular ground for termination is permissible, or whether the complete set of required notices has been provided should be addressed by qualified housing counsel and, where appropriate, the PHA administering the tenant’s assistance.<\/span><\/span><\/p>

          South County Constable Office’s acceptance and service of documents does not constitute legal review or approval of those documents and should not be interpreted as a determination that the documents are legally sufficient or that all notices required by law have been included.<\/span><\/span><\/p><\/div>\n\n","protected":false},"excerpt":{"rendered":"

          Serving a Notice to Quit on a Section 8 Tenant? Check the VAWA Requirements First Landlords and attorneys preparing a Notice to Quit involving a Section 8 tenant should be aware that the Violence Against Women Act (VAWA) contains important protections and notice requirements applicable to federally assisted housing. Section 8 housing is specifically covered […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"scco-post","format":"standard","meta":{"footnotes":""},"categories":[6,7,8,9],"tags":[],"class_list":["post-1002","post","type-post","status-publish","format-standard","hentry","category-eviction","category-notice-to-quit","category-summary-process","category-vawa"],"_links":{"self":[{"href":"https:\/\/maconstable.com\/blog\/wp-json\/wp\/v2\/posts\/1002","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/maconstable.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/maconstable.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/maconstable.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/maconstable.com\/blog\/wp-json\/wp\/v2\/comments?post=1002"}],"version-history":[{"count":1,"href":"https:\/\/maconstable.com\/blog\/wp-json\/wp\/v2\/posts\/1002\/revisions"}],"predecessor-version":[{"id":1053,"href":"https:\/\/maconstable.com\/blog\/wp-json\/wp\/v2\/posts\/1002\/revisions\/1053"}],"wp:attachment":[{"href":"https:\/\/maconstable.com\/blog\/wp-json\/wp\/v2\/media?parent=1002"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/maconstable.com\/blog\/wp-json\/wp\/v2\/categories?post=1002"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/maconstable.com\/blog\/wp-json\/wp\/v2\/tags?post=1002"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}