Landlord Didn't Serve Tenant Notice of Occupancy Rights Under VAWA

Landlord sued to evict tenant, claiming that her rental agreement expired on Feb. 29, 2024. The building contained fewer than six apartments and had been rent controlled at one time when the building received 421-a tax benefits. The unit later became deregulated in February 2023 when the benefits expired, and tenant was properly notified. It also was undisputed that tenant received a Section 8 rent subsidy.

Tenant asked the court to dismiss the case, and the court ruled for tenant. Under federal regulations, landlord, as a covered housing provider, was required to serve tenant with a Notice of Occupancy Rights under the Violence Against Women Act when it started the eviction case. The VAWA program included protection for victims of domestic violence who, like tenant, participate in the Section 8 Housing Choice Voucher Program.  Since landlord failed to do so, the case was dismissed. 

1471 Brooklyn LLC v. Glanville: Index No. 309293/2024, 2024 NY Misc. LEXIS 18711, NYLJ No. 1731451755 (Civ. Ct. Kings; 11/8/24; Slutzky, J)