Landlord commenced a Civil Court, Bronx, NY holdover eviction of a month-to-month tenant who had a Section 8 Housing Choice Voucher. The court granted tenant’s motion for dismissal on the grounds that landlord failed to comply with the Violence Against Women Act (“VAWA”). Tenant alleged that landlord did not serve the Notice of Occupancy Rights under the VAWA (the “Notice”) mandated by 24 C.F.R. Section §5.2005(a)(1)(i) and the corresponding certification form as mandated by 24 C.F.R. §5.2005(a)(1)(ii) (the “Certification”) with the termination notice.
VAWA provides housing protections to victims of intimate partner violence, which includes domestic violence, dating violence, sexual assault, and stalking. VAWA protects individuals from being denied or losing public housing or rental housing assistance due to incidents or intimate partner violence against them. VAWA provides that intimate partner violence cannot be construed “as good cause” to deny or terminate housing assistance to the victim. Landlords must provide the Notice and Certification to an applicant or tenant no later than at each of the following times: (i) when the applicant is denied assistance or admission under a covered housing program; (ii) when the individual is provided assistance or admission under the covered housing program; and (iii) with any notification of eviction or notification of termination of assistance. Landlord’s failure to serve the VAWA Notice and Certification forms on an NYCHA Section 8 recipient is a fatal defect. Strict compliance with service of the VAWA Notice and Certification form with a notice of eviction and termination of assistance has been held by the appellate courts in California and Connecticut.
Call or text experienced Rochester Landlord Tenant Attorneys Justin Friedman and Robert Friedman at (585) 484-7432 for guidance on protecting yourself as a NY landlord.