lambert v. gharouni

                                                                                    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.” 

(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.

              

 at *3 (Conn. Super., Apr. 26, 2022); see also, DHI Cherry

Glen Assocs.. L.P. v. Gutierrez, 

, 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).




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