lambert v. gharouni

• Court: Vermont Superior Court
• Decided: December 14, 2023
• Docket: 23-cv-2410
• Status: Published

Opinion

Vermont Superior Court Filed 09/01 23 Chittenden nit

VERMONT SUPERIOR COURT 1 fl4 CIVIL DIVISION Chittenden Unit Case N0. 23-CV-02410 175 Main Street, PO Box 187 Burlington VT 05402 802-863-3467 fifi WWW.Vermontjudiciary.org

Michael Lambert et a1 v. Kalah Gharouni

ENTRY REGARDING MOTION Title: Motion to Dismiss Complaint (Motion: 1) Filer: Gregory W. Fox Filed Date: July 10, 2023

Defendant seeks to dismiss this eviction for lack of a notice under the federal

Violence Against Women Act (VAWA). The motion is granted for the reasons stated in

Tolstoi V. Worth, No. 23-CV—1292 (June 13, 2023)(Shafritz, J.) and Weaver Lane V Hart,

No. 23-CV-2160 (July 28, 2023)(Toor, J .). The VAWA regulations require “covered housing providers” to send notices of the statute’s protections “[w]ith any notification of

eviction.” 24 C.F.R. § 5.2005(a)(2)(iii). Such providers are defined to include “owners”

of buildings. m. § 5.2003(9). While it might be sufficient if the public housing agency,

rather than the landlord, sent such a notice when an eviction was initiated, there is no

evidence that has occurred here.

As other courts have held, federal law “makes it clear that the requisite notices

must be provided with the notice to quit when served.” Hous. Auth. of Hartford V.

2022 WL 2663954 at *3 (Conn. Super., Apr. 26, 2022); see also, DHI Cherry

Glen Assocs.. L.P. v. Gutierrez, 259 Cal. Rptr. 3d 410, 416 (Cal. App. Dep’t, Super. Ct.

2019)(“The plain and commonsense meaning of the statutory language contained in 24 Code of Federal Regulations part 5.2005 (2019) requires VAWA notices to be served

with any notice of termination.”).

Order

The motion is granted. The case is dismissed without prejudice.

Electronically signed on August 31, 2023 pursuant to V.R.E.F. 9(d).