Crime Survivors and Housing
Publication date: October 2024
Purpose of this Publication
Survivors of crime face unique challenges related to housing. It could be that you:
are afraid to leave an abusive relationship because you don’t know where you will live.
need to move to get away from your abuser and can’t afford the moving costs.
fled from an abusive situation and are now struggling to find housing.
This publication is for survivors of crime who have concerns about housing. Below, we address some of the questions that we hear most from survivors of crime who have disabilities. We understand that your question may not be answered below. If it isn’t, please contact us. Our contact information is included at the bottom of this page.
I need to leave an abusive situation. Can I get my moving expenses paid for?
If you are a victim of domestic violence or sexual assault, you may be eligible to have your moving expenses paid for.
The Temporary Assistance for Domestic Violence Survivors Program can give up to $1,200 for relocation costs and other items that help address safety. These payments are made over a 90-day period. You can apply again at the end of 90 days. These payments usually go directly to the landlord or service provider.
The Oregon Department of Human Services operates this program. You can learn more about it at oregon.gov/dhs/abuse/domestic/pages/tadvs.aspx >
Your local Department of Human Services office can tell you how to apply. You can find your local office’s location or contact information at oregon.gov/DHS/Offices/Pages/Self-Sufficiency.aspx >
There are community programs that may be able to help with moving costs.
Please contact your local Domestic Violence or Sexual Assault community program to ask about moving cost help.
You can find a list of local Domestic Violence or Sexual Assault programs https://www.ocadsv.org/find-help >
Survivors of bias crime may also qualify for up to $1,000 in emergency financial assistance to assist you in recovery.
Covered costs include security measures and relocation assistance.
Contact the Bias Hotline at 844-924-2427, or visit their website at doj.state.or.us/oregon-department-of-justice/civil-rights/sanctuary-promise/resources >
If you live in Portland and you have been served with a no-cause eviction or a notice of non-renewal by your landlord, you may also have a right to relocation assistance.
Depending on the size of your apartment, you may receive up to $4,500 in assistance.
Contact the City of Portland Rental Services at 503-823-1303, or visit their website at portland.gov/phb/rental-services/renter-relocation-assistance >
If you feel that your landlord is evicting you unlawfully, you can request assistance from Oregon Law Center’s Eviction Defense Project. They offer free legal assistance to low-income tenants facing eviction court cases. Their phone number is 888-585-9638, or visit their website here: https://oregonlawcenter.org/eviction-defense-project >
My medical bills and other expenses from the crime are making it difficult for me to pay rent. What can I do?
There are two ways to get compensation in a criminal case after a crime. One is restitution and the other is crime victim compensation.
Restitution is:
money paid by the defendant after they are sentenced for the crime.
only ordered once there has been a criminal conviction.
for expenses that are reasonably related to the crime. For instance, if you are injured by your abuser and require surgery, restitution might include money to pay for your medical bills and for your lost earnings while you recover.
Restitution cannot cover housing costs like rent, aside from paying for property damages related to the crime. For example, if your abuser damaged property that needs to be repaired, such as broken doors or walls, restitution may be ordered to cover those costs.
It can take years to receive restitution. If the defendant does not have very much money, it can take even longer. Or, you may never get full restitution.
Crime Survivor Compensation:
is money paid by the state after a crime has occurred. There does not need to be a criminal conviction to get crime victim compensation.
can help pay for medical bills, therapy appointments, transportation to medical appointments, and lost earnings.
cannot pay for relocation expenses or pain and suffering caused by the crime.
Crime Surviver Compensation is the payor of last resort. This means the costs need to be covered by other sources first. For example, if you have insurance, then you should use this to cover medical expenses before seeking financial assistance from crime victim compensation.
My abuser was my caregiver. Can I get a new caregiver?
Yes. You can get a new caregiver, but who you need to reach out to for assistance is different if you’re a person with an intellectual or developmental disability, mental health disability, or physical or mobility-related disability.
If you have an intellectual or developmental disability:
You can be connected with a paid caregiver. If you have not been connected with services, your first step is to contact your county developmental disabilities office.
You can find your local Department of Human Services office at oregon.gov/dhs/SENIORS-DISABILITIES/DD/Pages/county-programs.aspx >
Once you connect with your local office, they will help figure out your needs. They will also work with you to decide what level of care is needed.
If you have a mental health disability:
You can be connected with services through your Community Mental Health Program (CMHP).
You can also report the abuse you experienced to your CMHP.
If you are on Oregon Health Plan, you may also contact the Oregon Health Plan Ombudsman office. They can help you find the services you need or direct you to other resources.
If you have a physical or mobility-related disability:
You can contact your local Aging and People with Disabilities Services office, if you are looking for in-home services or placement in a home.
You can find your local office at oregon.gov/dhs/Offices/Pages/Seniors-Disabilities.aspx >
Another good resource for people with any type of disability:
You may also contact the Aging and Disability Resource Connection (ARDC) if you need help related to your disability. ARDC provides lots of information about government or community resources. Each county has its own office.
You can find your county’s ADRC at adrcoforegon.org/consumersite/connect/, and you can call them at 855-673-2372.
How can I find an accessible emergency shelter?
Accessibility means more than being wheelchair-friendly. Accessibility includes access for people with a wide range of disabilities, both physical and non-physical.
By law, every shelter in Oregon is required to be accessible and to accommodate people with disabilities.
You can find a list of shelters at ocadsv.org/find-help/
What is accessible for someone else may not be accessible for you.
If something about the shelter is not accessible for you, you can ask the shelter for an accommodation.
If the request is reasonable, the shelter must make the accommodation.
An example of when something is not reasonable is if it would require a lot of money to make the accommodation. Another example is if it would put others in the program at risk for their safety.
I don’t feel safe in my current housing situation. Are there disability benefits and services that could support me in securing housing?
You may qualify for benefits through the Social Security Administration, Oregon General Assistance Program, or a local community program. Each of these programs has different rules, which are described below.
Benefits through the Social Security Administration (SSA):
There are two main types of benefits through SSA:
Social Security Disability Insurance (SSDI or DI)
Supplemental Security Income (SSI)
To qualify for Social Security Disability Insurance, you must be a person with a disability who can no longer work, but who has the required history of working.
To receive Supplemental Security Income, you do not need to have a history of working.
The Oregon Law Center provides more information about qualifications for both of these programs.
There are three ways to apply for SSA benefits:
Apply online through the SSA national office
Call 1-800-772-1213 (TTY 1-800-325-0778)
Visit your local Social Security office. You can find your local office at https://www.ssa.gov/locator >
Assistance under Oregon’s General Assistance Program (GAP)
Oregon’s General Assistance Program (GAP) provides short-term financial help for certain people with significant disabilities who are either experiencing homelessness or or are at risk of becoming homeless.
To qualify, you must:
be between the ages of 18 and 64
have no minor children living with you
apply for Supplemental Security Income (SSI).
There are a number of additional requirements that must be met to qualify for this program.
You can find all the eligibility requirements on the Oregon Department of Human Services’s website.
If you qualify, you may receive:
up to $545 in housing assistance per month
$90 in utility assistance per month
$60 in cash assistance per month
free help with the Social Security application and appeals process.
If you qualify for SSI, you may be required to pay this money back.
Assistance from a local community program
If you are a survivor of sexual assault, domestic violence, or stalking, you may also be eligible for emergency financial assistance.
Contact your local domestic violence and sexual assault advocacy program for more information.
You can find a list of local Domestic Violence or Sexual Assault programs at ocadsv.org/find-help >
Will I have to move out of my home if I get a protective order?
There are several different protective orders you can get. The answer to this question depends on the type of protective order you have. It also depends on whether the abuser owns the home or is the only person on the lease.
Under two types of restraining orders, you can request that the abuser move out under these two types of restraining orders:
Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA), which is specifically for people with disabilities and elderly people.
Family Abuse Prevention Act (FAPA), which is for abuse within a family or intimate relationship.
You can request that the abuser move out if one of these three things is true:
The residence is solely in your name.
You and the abuser jointly own or rent the residence.
You are married to the abuser.
If you are not married to the abuser, and the abuser owns or rents the residence in their name only, you will have to move out if the order is granted.
If you are ordered to move out:
You can request a police officer accompany you to retrieve your belongings.
You can request this when you file your EPPDAPA or FAPA.
There is a section in the restraining order forms where you can check a box requesting police officer accompaniment.
You can also ask a support person to accompany you to the residence to help you remove your belongings. The court will approve or deny this request during your hearing.
If the abuser moves out, can I remove their belongings?
If you have an EPPDAPA or FAPA restraining order, and the abuser has belongings at your home, the abuser is often allowed to return to pick up “essential personal items.” This includes clothing, diapers, medications, social security cards, birth certificates, tools of the trade, and other identification. They are limited to 20 minutes to gather these items. Then they must leave your home.
A police officer may be ordered to be with the abuser while they pick up essential personal items. A court could order how other belongings should be picked up as well.
If this is something you want, you should ask for it when you file for the EPPDAPA or a FAPA. The EPPDAPA and FAPA forms usually have a section that asks if you would like the police to accompany your abuser to retrieve their belongings.
You can check the box to say Yes, or write that you are requesting police accompany the abuser to retrieve the items. The court will approve or deny your request during the hearing.
You, as the survivor, do not need to be present at your home when the abuser picks their things up. You may choose to have a friend or other support person with you while they pick up their belongings.
Can I be kicked out of my apartment because I’m a victim of domestic violence, sexual abuse, or stalking? Are there any exceptions?
In general, you are not allowed to be evicted from your apartment because you are a survivor of domestic violence, sexual abuse, or dating violence. There are, however, some exceptions to this.
Your landlord can:
end the lease of the abuser. The landlord must give at least 24 hours' notice to the abuser before evicting.
evict you for other reasons unrelated to domestic violence, sexual abuse, or stalking. For example, your landlord could still evict you for non-payment of rent if you fail to pay rent on time.
Your landlord is not allowed to do any of the following because you are a survivor of domestic violence, sexual assault, or stalking:
Not renew your lease
Increase rent
Decrease services
Make you follow different rules than other tenants
Not enter into a rental agreement with you
If your landlord tries to evict you because of your domestic violence, sexual abuse, or stalking experiences, then you may be able to get money from your landlord in the form of court-ordered damages. This would require you to file a civil lawsuit in order to recover the money, which can be a long process.
For more information on housing protections for domestic violence, sexual abuse, or stalking, you can refer to the Oregon Law Project’s resource guide at oregonlawhelp.org/resource/housing-rights-for-domestic-violence-sexual-a >
When You Can Get Kicked Out of Your Home
In rare circumstances, you can be evicted because you are the victim of domestic violence, sexual assault, or stalking. You can be kicked out only when both of the following statements have occurred:
One of the following must be true:
The abuser must be a threat to the safety of people on the premises other than yourself, and you must have consented to the abuser staying on the premises.
The abuser must be an unauthorized occupant (they are not on the lease), and you have allowed them to live there without the landlord’s permission.
The landlord must have given you a written warning about the abuser’s conduct relating to domestic violence, sexual assault, or stalking.
If both of the above statements are true, then the landlord may evict you.
If I no longer feel safe in my apartment, can I break my lease and leave?
You can break your lease if you meet certain requirements and follow the correct process. These requirements and processes are different if you live in federally subsidized housing or in non-federally subsidized housing.
If you don’t live in federal housing:
If you are a victim of sexual assault, stalking, or domestic violence — and if you give your landlord proper notice — you can break your lease. Your immediate family members can also be released from the lease. There is no penalty to you for breaking your lease early.
The notice that you give your landlord must meet these three requirements:
You must give your landlord at least 14 days' notice.
The notice must say the date you want to be released from the lease.
The notice must say the names of any immediate family members you want to be released from the lease.
The notice must include a document called a “verification.” The verification says that either you are protected by a valid protective order, or that you have been a victim of domestic violence, sexual assault, or stalking in the past 90 days. If the abuser was incarcerated or living more than 100 miles away, that doesn’t count for the 90 days.
The verification can be any of the following:
A protective order issued by a court.
A copy of a police report regarding an act of domestic violence, sexual assault, or stalking against the tenant.
A copy of a conviction of any person for an act of domestic violence, sexual assault, or stalking against the tenant.
A statement signed by you and an attorney, law enforcement officer, licensed health professional, or victim’s advocate stating that they believe you are a victim of domestic violence, sexual assault, or stalking.
If you live in federal housing:
If you are the victim of sexual assault, domestic violence, dating violence, or stalking, and you live in federal housing, you have another way to break your lease and leave. Your immediate family members or household members can also be released from the lease.
Federal housing includes someone who lives in a public housing project or has a Section 8 voucher.
In order to be moved, you must show the following things:
You are the victim of sexual assault, domestic violence, dating violence, or stalking. You can show this in any of the following ways:
Complete a self-certification form at hud.gov/program_offices/housing/mfh/violence_against_women_act >
Provide a letter signed by a victim service provider, attorney, or a medical or mental health professional who has helped you with the abuse. You must also sign the letter.
Provide a police report, court record, or administrative record showing the abuse.
Provide any other statement or evidence that your housing provider agrees to accept.
You must ask for an emergency transfer. We recommend you make this request in writing and keep a copy of the request.
You must have reason to believe that you will suffer violence in the very near future if you are not moved. If you were sexually assaulted on the property within the past 90 days, you do not need to meet this third requirement.
I left my apartment that I shared with my abuser, but they still live there. Can I get my security deposit back?
No. You can’t get your security deposit back until all the tenants under the lease have left.
Do I have to pay to get my locks changed?
Yes. There is nothing that requires a landlord to cover the costs of changing the locks. Your landlord, however, cannot refuse your request to have your locks changed. If your landlord does not change your locks promptly after you have requested it, you can do it yourself.
How to Request Help
Call us at 503-243-2081 or 1-800-452-1694 ext. 243
Send us an email at csp@droregon.org
Send us a letter at Disability Rights Oregon, 511 SW 10th Avenue, Suite 200, Portland, Oregon 97205
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NOTICE: This document is not intended as a substitute for legal advice. Federal and state law can change at any time. You may wish to contact Disability Rights Oregon or consult with an attorney in your community if you require further information.
