"(P) any other Federal housing programs providing affordable housing to low- and moderate-income persons by means of restricted rents or rental assistance, or more generally providing affordable housing opportunities, as identified by the appropriate agency through regulations, [*4]notices, or any other means."
Furthermore, 24 CFR 5.2003 states a covered housing provider refers to the individuals or entities under a covered housing program that have responsibility for the administration and/or oversight of VAWA protections and includes PHAs (public housing agencies), sponsors, owners, mortgagors, and managers, etc. Accordingly, participant landlords fall under the definition of a covered housing provider. There is no noted exemption for private landlords.
The petitioner further argues that even if found to be a covered housing provider, the VAWA notice, and the certification form, were not required. The petitioner states they were only required to comply with New York Real Property Law § 232-a (a 90-day notice of termination) and the Williams Consent Decree. This argument is unavailing as the petitioner fails to cite a case in support that precludes compliance with 24 CFR 5.2005 (a) (1) (i). Service of the VAWA notice and certification form with a notice of eviction and termination of assistance is required by 24 CFR 5.2005 (a) (1) (i). Strict compliance with 24 CFR 5.2005 (a) (1) (i) has been held by the appellate courts in California and Connecticut (see DHI Cherry Glen Assoc., L.P. v Gutierrez, 46 Cal App 5th Supp 1, 259 Cal Rptr 3d 410, 20 Cal Daily Op Serv 2312 [2020] [where the appellate court dismissed a nonpayment proceeding against a tenant receiving Section 8 benefits, where the notice to pay rent was unaccompanied by a VAWA notice]; Housing Auth. of the Cit