DHI Cherry Glen Associates, L.P. v. Gutierrez
Facts: A tenant living in Section 8 subsidized housing experienced financial difficulties and failed to pay their portion of rent due to the landlord. The landlord served the tenant a notice to pay rent or quit. The notice did not include a Notice of Occupancy Rights under the Violence Against Women Act (VAWA). The tenant did not pay or quit, and the landlord filed an unlawful detainer (UD) action to evict the tenant.
Claim: The tenant seeks money losses claiming the landlord improperly served the unlawful detainer since the notice to pay rent or quit did not include the Notice of Occupancy Rights required under the Violence Against Women Act (VAWA).
Counterclaim: The landlord claims the tenant was wrongfully in possession of the premises since they failed to pay their rent or quit by expiration of the notice to pay or quit.
Holding: A California appeals court holds the unlawful detainer was invalid and the Section 8 tenant is entitled to money losses since the landlord failed to serve a Notice of Occupancy Rights with the notice to quit as required by the Violence Against Women Act (VAWA). [DHI Cherry Glen Associates, L.P. v. Gutierrez (November 15, 2019)_CA6th_]
Editor’s Note – Landlords of Section 8 properties are required to provide mandated VAWA notices to tenants in the original language their rental or lease agreement was negotiated. VAWA forms and translations published by the Department of Housing and Urban Development (HUD) are available here.
