The respondent moved for dismissal pursuant to Civil Practice Law and Rules § [*3]4401 on the ground the petitioner failed to comply with the Violence Against Women Act (VAWA). The respondent alleges the petitioner did not provide evidence that the "Notice of Occupancy Rights under the Violence Against Women Act" (VAWA notice) as mandated by 24 CFR 5.2005 (a) (1) (i) and the corresponding certification form as mandated by 24 CFR 5.2005 (a) (1) (ii) were served upon the respondent with the termination notice.
The petitioner opposes on the grounds that service of the VAWA notice and certification form on the respondent is not required as a private landlord is distinguishable from a project Section 8 housing administrator. In the alternative, the petitioner argues that even if service of the VAWA notice and certification form was required the respondent waived this defense by failing to raise it in their answer.{**84 Misc 3d at 723}
The Law and its Application
Requirement to Serve VAWA Notice
The Violence Against Women Act (34 USC § 12491) 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 of 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.
The relevant portions of 24 CFR 5.2005 (a) of VAWA state:
"(1) A covered housing provider must provide to each of its applicants and to each of its tenants the notice of occupancy rights and the certification form as described in this section: . . .