Landlord Failed to Serve VAWA Notice

Landlord sued to evict a month-to-month tenant after serving a 90-day termination notice. Tenant had a federal Section 8 housing subsidy administered by NYCHA under the Section 8 Housing Choice Voucher Program (HCV). In response to the holdover petition, tenant claimed a general denial, retaliatory eviction, and breach of the warranty of habitability. At trial, landlord testified that he wasn't aware that tenant had a Section 8 voucher, although a copy of the termination notice was served on NYCHA's Section 8 office, as required by law. During the trial, tenant asked the court to dismiss the case because landlord had failed to comply with the Violence Against Women Act (VAWA) because he didn't serve a Notice of Occupancy Rights under the Violence Against Women Act (VAWA Notice) when he served tenant with the termination notice. Tenant claimed that this was required by federal regulations under 24 CFR Section 5.2005(a)(1)(ii). Landlord argued that such notice wasn't required because tenant hadn't raised this defense in her answer and because tenant didn't live in project-based Section 8 housing.

The court disagreed and ruled for tenant. Under applicable federal regulations, landlord was a covered housing provider required to give tenant the VAWA Notice with the termination notice. There is no noted exemption for private landlords in the regulations. Other New York courts had ruled that a landlord must serve the VAWA notice and a certification with a termination notice or else a case must be dismissed. Tenant's general denial of landlord's petition wasn't a deemed waiver of the VAWA Notice defense raised for the first time at trial. Landlord's failure to serve the VAWA Notice and certification form with its termination notice was a fatal defect.

SK M Faizur Rahman v. Lewis: Index No. LT-322954-22, 2024 NY Slip Op 24211 (Civ. Ct. Bronx; 7/24/24; Tovar, J)