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U.S.C. § 1437f.) The rent in subsidized housing can change during the term of the tenancy as the
rent is based upon income among other factors.
As of October 2018, the tenant’s portion of the rent had increased to $259.00. (Form
Complaint, ¶ 6.) On October 9, 2018, appellant was served with a 10-day notice to pay rent or
quit (“notice”) by posting and mailing a copy to appellant. The notice is attached to the
complaint as Exhibit 2. (Id., at ¶ 7.) The notice expired at the end of the day on October 23,
2018 and included an election of forfeiture. (Ibid.) The amount of rent due stated in the notice
was $258.00. (Id., at ¶ 9.)
On October 30, 2018, respondent filed a complaint for unlawful detainer against
appellant. Respondent alleged that appellant was wrongfully in possession of the premises. (Id.,
¶ 3.)
On November 13, 2018, appellant answered the complaint. She alleged that: (1) before
the notice to pay or quit expired, she offered the rent due, but plaintiff would not accept it; (2)
the unlawful detainer action was filed prior to the expiration of the notice; and (3) the notice
attached to the complaint was insufficient since it did not include Violence Against Women Act
notification required 24 Code of Federal Regulations section 5.2005, subdivision (a)(2)(iii).
(Answer, ¶ 3.c., Attachment 3k.)
On November 28, 2018, appellant filed a motion for summary judgment (“MSJ”).
Respondent filed an opposition. Appellant filed a reply. After oral argument on December 11,
2018, Judge Warriner denied the MSJ and proceeded with the trial. At trial, Judge Warriner
found in favor of respondent and directed respondent’s counsel to prepare a statement of
decision. The Honorable Judge Maguire signed the Statement of Decision for Judge Warriner on
January 23, 2019.
On January 28, 2019, appellant Heather Gutierrez filed this timely appeal.
According to appellant’s statement on appeal, the following evidence was adduced at the
court trial:
Testimony of Defendant Heather Gutierrez:
1. Defendant called defendant Heather Gutierrez.