y of Hartford v Shahine, 2022 WL 2663954, *1, 2022 Conn Super LEXIS 1748, *1-2 [Apr. 26, 2022, No. HFH-CV21-6017325S] [where a Superior Court in Connecticut dismissed an eviction proceeding where the landlord's failure to comply led to dismissal even though the tenant did not identify themselves as a survivor of domestic violence]; East Hartford Hous. Auth. v Mathis, 2023 WL 3172189, *1-4 [Conn Super Ct, Feb. 21, 2023, {**84 Misc 3d at 725}No. HFH-CV-226023097-S] [where a superior court in Connecticut dismissed an eviction proceeding where the notice to quit included language relating to VAWA but an actual VAWA notice, form HUD-5380, and corresponding certification form, form HUD-5382, were never served]).
Recently courts in New York have adopted these holdings. In Carnegie Park Preserv. LP v Cintron (NYLJ 1717127275NY30516322 [Civ Ct, NY County 2024]), the court dismissed a holdover proceeding where the landlord failed to serve the VAWA notice noting "[a] plain reading of 24 CFR 5.2005 (a)'s notice provision requires that with any notice of eviction the covered housing provider 'must' with any notification of eviction provide the tenant a copy of the VAWA's notice of occupancy rights and a VAWA certification form." In Hibbert v Robles (Civ Ct, Bronx County, Oct. 13, 2023, Gurung, R., index No. 1065/23), the court dismissed a proceeding where the 90-day notice of termination failed to include a VAWA notice and certification form.
Accordingly, the petitioner's failure to serve the VAWA notice and certification form renders this proceeding dismissible.
Waiver