Landlord Didn't Give Tenant Violence Against Women Act Notice

Landlord of a building under a federally assisted housing program sued to evict tenant for nonpayment of rent. In January 2020, the parties settled the case with a stipulation granting landlord a possessory judgment, a money judgment of $4,274, and staying execution of an eviction warrant through February 2020 for payment. Tenant later retained an attorney and filed an ERAP application for rental assistance. The court granted landlord's request to vacate an ERAP stay but granted' tenant's request to vacate the settlement stipulation signed by the parties before tenant had an attorney. Landlord failed to give tenant notice required by the federal Violence Against Women Act (VAWA) when it started the case. Landlord argued that VAWA's notice provisions applied only to known victims of domestic violence.

The court disagreed, noting that, since the building was covered by a housing assistance program under federal law, federal rules required the VAWA notice must be served on all tenants with an eviction notice. The stipulation was subject to being vacated when a tenant, while unrepresented by counsel, inadvertently waived their right to assert a fundamental defect in the proceeding. The court vacated the settlement stipulation and dismissed the case.

Sea Park East, LP v. Thompson: Index No. L&T 88410/19, 2024 NY Slip Op 24310 (Civ. Ct. Kings; 11/21/24; Harris, J)