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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

tolstoi v. wilson (2024)

Citation
tolstoi v. wilson (2024)
Parent Document
tolstoi v. wilson (2024)
Jurisdiction
Vermont (state)
Effective Date
2024-01-26

Full Text

981 chars
The first issue involves federal housing regulations. Landlords participating in federal housing
programs must provide the public housing agency with a copy of any “owner eviction notice” given by
the landlord to the tenant. 24 C.F.R. § 982.310(e)(2)(ii). The term “owner eviction notice” means “a
notice to vacate, or a complaint or other initial pleading used under state or local law to commence an
eviction action.” 24 C.F.R. § 982.310(e)(2)(i). In other words, as applied to Vermont’s procedures, the
term “owner eviction notice” refers to the notice of termination that is provided to the tenant in
accordance with 9 V.S.A. § 4467(a), and to the eviction complaint that is filed in accordance with 12
V.S.A. § 4852. In this particular case, plaintiff gave the public housing agency a copy of the notice of
termination, but did not also provide the agency with a copy of the complaint. Defendant argues that a
landlord must provide the public housing agency with both documents.