The NHLP bases this conclusion upon several nationwide cases finding that the notice requirements of the CARES Act (15 USC § 9058 [c]) are limited to nonpayment proceedings. These court holdings are directly on point to the issue herein.
In Western Haven Hous. Auth. v Armstrong, the Superior Court of Connecticut specifically held that "[i]n reading the language of the Act as a whole, the plain and unambiguous language supports that the 30-day notice requirement is applicable to nonpayment of rent cases only and not to cases such as this one brought for serious nuisance." (2021 Conn Super LEXIS 1061, *8 [Conn Super Ct, New Haven Jud Dist, Mar. 12, 2021, No. NHHCV206013057S].) Similarly, the court in Nwagwu v Dawkins held that HUD guidance "explains that the 30-day notice requirement for non-payment notices to quit survives the CARES Act and is specifically only required for non-payment allegations . . . Accordingly, 'serious nuisance' cases alleging criminal or lease violations, for example, would not require a 30-day notice." (2021 Conn Super LEXIS 1026, *5 {**88 Misc 3d at 639}[Conn Super Ct, Fairfield Jud Dist, Mar. 2, 2021, No. BPHCV215004438S], citing U.S. Department of Housing and Urban Development, Eviction Moratorium, COVID-19 FAQs for Public Housing Agencies at EM3 [Apr. 21, 2020, version 3], and HUD Notice H-20-07; see also Vandersluis v Hilton, 2023 WL 4738059, *2, 2023 Conn Super LEXIS 1893, *4 [Conn Super Ct, Windham-Putnam Jud Dist, July 18, 2023, No. WWM-CV22-6024867-S] [finding that compliance with the 30-day notice requirement is required only when the ground for eviction is nonpayment of rent].)