Evicted for reporting domestic abuse.

[Liberal_in_LA]

Domestic-abuse victim says she was evicted for reporting crime
An Illinois woman's case reflects a growing concern that the federal Violence Against Women Act appears to leave out abuse victims who rent in the private market.

Reporting from Chicago - Kathy Cleaves-Milan called police to report that her live-in boyfriend had brandished a gun and vowed to end both of their lives. Within days, her apartment managers served her with eviction papers for violating the terms of the lease, citing the criminal activity she had reported.

"I was punished for protecting myself and my daughter," Cleaves-Milan, 36, said. Her attorneys filed a lawsuit this month arguing that her 2007 eviction was a form of sex discrimination.

A representative of Aimco, the company that owned and operated the apartment complex, said the eviction wasn't solely about the domestic violence but also involved Cleaves-Milan's ability to afford the rent if her boyfriend moved out -- an assertion she strongly rejected.

http://www.latimes.com/news/nationworld/nation/la-na-domestic-violence18-2009oct18,0,7425207.story?track=rss

[imdjh]

1. I read the article and it wasn't clear. Was the boyfriend on the lease?

[Liberal_in_LA]

2. Must have been but she would have been evicted either way...Criminal activity in the apt.

Never mind that she was the victim of the criminal activity

[imdjh]

4. OK, but the criminal activity was also a tenant then.

As a rule, landlords don't evict half the people on the lease, they evict everyone in the apartment. If we move it from a less emotional scenario, if the guy had been arrested for dealing crack, wouldn't she have been evicted even if she maintained that she didn't know about the crack?

[intheflow]

5. If he were dealing crack,

the likelihood of her being a consensual participant in the activity is increased. She did not consent to have a gun waved in her face while her boyfriend threatened her and her daughter. That's the difference.

[robinlynne]

6. Personally, if a neighbor had a gun and threatened to use it, I would not want them to live here.

and as a tenant, I might threaten my landlord with a lawsuit if he did NOT evict, as my safety would be at risk....
Of course if a judge issued a restraining order, and the man spent some time in jail, both the victim and neighbors might be safer.
I think moving away is pretty much a wise move, if you are in a situation like that anyway...

[FirstLight]

3. There are SO many holes in the VAW Act, and state & local laws don't even begin

to fill in the gaps...

It is so disturbing that self preservation and protecting the kids becomes a crime to be used against someone who is already a victim.
I was automatically put on watch by CPS after leaving my abusive husband...i guess it was to ensure that I wasn't part of the problem and also to make sure I didn't go back to him, cuz then they'd take the kids. But I wonder how helpful that is when the woman is so enmeshed that she cannot 'break away' and when the spouse keeps harassing her to return.. (I was lucky i stayed strong, though there were times I felt bad and like I was "overreacting' and I should just go back. The first 6 months were the hardest.)

Victimizing the victim, seems like our systems are set up for alot of that.