2024 NY Slip Op 24211

"(2) The notice required by paragraph (a) (1) (i) of this section and certification form required by paragraph (a) (1) (ii) of this section must be provided to an applicant or tenant no later than at each of the following times:

"(i) At the time the applicant is denied assistance or admission under a covered housing program;

"(ii) At the time the individual is provided assistance or admission under the covered housing program;

"(iii) With any notification of eviction or notification of termination of assistance."

Generally, the petitioner contends participants of the Section 8 Housing Choice Voucher Program (HCV) need not be served with VAWA notices. Specifically, the petitioner avers they are not a "covered housing provider" as defined in 24 CFR 5.2003 and thus were not required to serve a VAWA notice and certification form with the termination notice. The petitioner argues a private landlord is to be distinguished from a project Section 8 housing landlord as a private landlord has no administration of whether the respondent complied with HCV requirements or has administration over VAWA protections. The petitioner states that by definition NYCHA is the administrator and accordingly the petitioner had no obligation to comply with VAWA and serve the VAWA notice and certification form.

HCVs exist under section 1437f of title 42 of the United States Code. Programs under section 1437f of title 42 fall under{**84 Misc 3d at 724} the term of "covered housing program" as defined in 24 CFR 5.2003 and 34 USC § 12491. In defining a "covered housing program" 34 USC § 12491 (a) (3) states:

"(H) the programs under sections 1437d and 1437f of Title 42; . . .