lambert v. gharouni ( 2023 )

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).
2