1 Bettina Bakrania

718 Veneto
2 Irvine, CA 92614
Telephone: 949-929-5094
3 Email: [email protected]
Self-Represented Defendant
4

8 SUPERIOR COURT OF CALIFORNIA

9 COUNTY OF ORANGE, CENTRAL JUSTICE CENTER
10

11 IRVINE APARTMENT COMMUNITIES, Case No.: 30-2021-01232944-CL-UD-CJC

L.P.,
12
Plaintiff, DEFENDANT, BETTINA BAKRANIA’S
13 NOTICE OF MOTION AND MOTION
vs. FOR SUMMARY JUDGMENT
14
BETTINA BAKRANIA; DOES 1 to 10, (RELATED TO ROA #3)
15 Inclusive,
DATE: April 15, 2022
16 Defendant(s). TIME: 8:30 AM
DEPT: C-61
17
Complaint Filed: November 23, 2021
18 Trial: April 11, 2022
Time: 9:00 A.M.
19 Dept. C-61

20
TO THE COURT, ALL PARTIES, AND TO THEIR ATTORNEYS OF RECORD:
21
PLEASE TAKE NOTICE that on April 15, 2022, at 8:30 A.M., in Department C-61of the
22 Superior Court of California, County of Orange located at 700 Civic Center Drive West, Santa
23 Ana, CA 92701, Defendant, Bettina Bakrania (Ms. Bakrania) will and hereby does move for
24 summary judgment on all the claims in the eviction complaint of Irvine Apartment Communities,
25 L.P. (Plaintiff) against Ms. Bakrania, pursuant to Code of Civil Procedure section 437c.
26 Defendant makes her motion on two independent and separate grounds. First, the Three-Day
27 Notice to Perform Covenant or Quit (Three-Day Notice) is defective as a matter of law because

28 Ms. Bakrania uses a federal subsidy—a Section 8 Housing Choice Voucher (Section 8 HCV) to
1
DEFENDANT, BETTINA BAKRANIA’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT
 1 rent the apartment located at 718 Veneto, Irvine, CA 92614 (Premises), and as such, the Three-

2 Day Notice should have contained the Notice of Occupancy Rights and Self-Certification under

3 the Violence Against Women Act (VAWA). Second, the notice attached to the Complaint is

4 different than the one Ms. Bakrania received from Plaintiff. Because of these jurisdictional

5 defects, there are no triable issues of material fact with respect to Ms. Bakrania’s tenancy at the
Premises. Accordingly, Ms. Bakrania is entitled to judgment as a matter of law.
6
Ms. Bakrania makes her motion on this Notice of Motion, the attached memorandum of
7
points and authorities, the Declaration of Bettina Bakrania, served concurrently herewith, all
8
papers and records on file herein, and such evidence, both oral and documentary, as may be
9
presented at the hearing of this motion.
10

11 Dated: March 28, 2022

12
Bettina Bakrania
By ________________________
13 Bettina Bakrania
Defendant In Pro Per
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28 2
DEFENDANT, BETTINA BAKRANIA’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT
 1 MEMORANDUM OF POINTS AND AUTHORITIES

2 I. Introduction

3
An eviction is a summary proceeding whereby a Plaintiff seeks to immediately dispossess
4
a tenant from their home. Because of the harsh nature of this summary proceeding, California law
5 requires that all Plaintiffs strictly comply with the rules and procedures governing evictions,
6 which includes federal regulations governing the Section 8 HCV and under VAWA, in the case of
7 housing covered by a federal subsidy such as is the case here. When a Plaintiff fails to adhere to
8 these strict compliance requirements, they are not entitled to avail themselves of the summary
9 proceeding. The undisputed facts in this case demonstrate that Ms. Bakrania receives a Section 8

10 HCV administered by the Santa Ana Housing Authority (SAHA), is in covered housing under

11 VAWA, and that the Three-Day Notice served on Ms. Bakrania and attached to the Complaint not

12 only failed to include the VAWA Notice, but is different than the one served on Ms. Bakrania.

13 These jurisdictional defects render the Three-Day Notice defective as a matter of law. Because
there are no triable issues of material fact, the Court should grant Ms. Bakrania’s motion.
14
II. Statement of Facts and Procedural History
15

16 Ms. Bakrania, the Defendant, in this case lives at 718 Veneto, Irvine, California
17 (Premises). (See Declaration of Bettina Bakrania, ¶¶1, 3 (Bakrania Decl.)), the property that is the

18 subject of this eviction case. Ms. Bakrania, a person living with developmental and physical

19 disabilities, is unable to work due to those disabilities. (See Bakrania Decl., ¶¶4, 5.) She receives

20 disability payments from the Social Security Administration that allow her to meet her daily

21 needs, which includes housing. (Id. at ¶5.) In addition, Ms. Bakrania received case management
services from American Family Housing USA (AFHUSA) and AFHUSA helped Ms. Bakrania
22
obtain a Section 8 HCV that she used to rent the Premises. (Bakrania Decl., ¶6.) Using her
23
Section 8 HCV, Ms. Bakrania pays the monthly sum of approximately $248 towards the current
24
contract rent for the Premises of $1845. (See Bakrania Decl., ¶7.)
25
On October 1, 2021, Plaintiff served Ms. Bakrania with a Three-Day Notice. (See
26
Bakrania Decl., ¶8.) Because Ms. Bakrania rents the Premises using a Section 8 HCV, any
27
eviction notice she receives should contain the VAWA Notices and be served upon the Public
28
3
DEFENDANT, BETTINA BAKRANIA’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT
 1 Housing Authority (PHA) that administers Ms. Bakrania’s Section 8 HCV (See Defendant,

2 Bettina Bakrania’s, Request for Judicial Notice in Support of Defendant, Bettina Bakrania’s

3 Notice of Motion and Motion for Summary Judgment, and Exhs. A-E (Defendant’s RJN).) The

4 Three-Day Notice that Ms. Bakrania received, however, did not have the VAWA Notices

5 attached. (See Bakrania Decl., ¶¶8, 9, and Ex. A.) Nor did it identify that Plaintiff gave the PHA
administering Ms. Bakrania’s Section 8 HCV, SAHA, a copy of the Three-Day Notice as required
6
by 24 C.F.R. section 982.310(e)(2)(ii).
7
Plaintiff filed its eviction complaint against Ms. Bakrania on November 23, 2021.
8
(Bakrania Decl., ¶10.) Because she was self-represented and did not want to risk default that
9
would lead to her immediate removal from the Premises, she answered the complaint and
10
demanded a jury trial. (Ibid.) The Court set a court trial in this case for April 11, 2022 (Ibid.)
11
III. Legal Argument
12
a. Summary Judgment is Appropriate When an Action Lacks Merit
13
Summary judgment “shall be granted if all the papers submitted show that there is no
14
triable issue of material fact and that the moving party is entitled to judgment as a matter of law.”
15
(Code Civ. Proc. §437c.) A defendant may move the court for summary judgment on a defense by
16
contending that the action “has no merit.” (Aguilar v. Atlantic Richfield Co., (Aguilar) (2001) 25
17
Cal.4th 826, 843.)
18
“The court must grant the motion if all the papers submitted show that there is no triable
19
issue of material fact—that is, there is no issue requiring trial as to any fact that is necessary
20
under the pleadings and, ultimately, the law—and that the moving party is entitled to judgment as
21
a matter of law.” (Aguilar, supra, at p. 843, citations omitted.)
22
A defendant moving for summary judgment “has met [her] burden of showing that a cause
23 of action has no merit if [she] has shown that . . . there is a complete defense to the cause of
24 action.” (Aguilar, supra, at p. 849.) The moving defendant bears the burden of persuasion that
25 there is a complete defense to one or more of the causes of action. (Aguilar, supra, at p. 850.)
26

27

28 4
DEFENDANT, BETTINA BAKRANIA’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT
 1

2 The moving defendant bears the initial burden of production “to make a prima facie

3 showing of the non-existence of any triable issue of material fact; if [she] carries her burden of

4 production, [she] causes a shift, and the opposing party is then subjected to a burden of

5 production of [their] own to make a prima facie showing of the existence of a triable issue of
material fact.” (Ibid.) A prima facie showing “is one that is sufficient to support the position of
6
the party in question . . . No more is called for.” (Aguilar, supra, at p. 851.)
7
Once the moving defendant has met her initial burden, the burden shifts to the opposing
8
party to produce admissible evidence showing that a triable issue of material fact exists as to the
9
complete defense that is being asserted by defendant. (Code Civ. Proc. §437c(p)(2); Green v.
10
Ralee Engineering Co. (1988) 19 Cal.4th 66, 72; FSR Brokerage Inc. v. Sup. Ct. (Blanco) (1995)
11
35 Cal.App.4th 69, 73-74.)
12
The plaintiff who challenges an affirmative defense may not rely on mere allegations or
13
denials, but must “set forth specific facts showing that a triable issue of material fact exists.”
14
(Code Civ. Proc. §437c(p)(2).) Summary judgment is no longer a disfavored procedure, but rather
15 a suitable means to test the sufficiency of plaintiff’s case. (Caldwell v. Paramount Unified School
16 District (1995) 41 Cal.App.4th 189, 203.)
17 b. The Three-Day Notice is Defective as a Matter of Law Because it Fails to
18 Attach the VAWA Notices
19
“Unlawful Detainer is a unique body of law and its procedures are entirely separate from
20
the procedures pertaining to civil actions generally.” (Lorsonio v. Motta (1998) 67 Cal. App.4th
21
110, 115.) “Sections 1159 through 1179a comprise what is commonly known as the Unlawful
22
Detainer Act; the statutes are broad in scope and available to both lessors and lessees who have
23 suffered certain wrongs committed by the other.” (Lorsonio, supra, at p. 113.) Strict compliance
24 with the statutory notice requirements is a prerequisite to filing an unlawful detainer action.
25 (Lamey v. Masciotra (1969) 273 Cal.App.2d 709, 713.) An eviction notice is only valid and
26 enforceable if the lessor strictly complies with the specifically described notice conditions (Code
27 of Civ. Proc. §1162; Lorsonio, supra, at p. 113.)
28 5
DEFENDANT, BETTINA BAKRANIA’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT
 1

2 A complaint that, does not comply with the notice requirements, fails to state a cause of

3 action for unlawful detainer and the court lacks both personal and subject matter jurisdiction

4 (Kwok v. Bergren (1982) 130 Cal.App.3d 596, 599-600.)

5 24 Code of Federal Regulations part 5.2005 states in pertinent part:

(a) Notification of occupancy rights under VAWA, and certification form.
6 (1) A covered housing provider must provide to each of its applicants and
to each of its tenants the notice of occupancy rights and certification
7 form as described in this section:
(i) A “Notice of Occupancy Rights under the Violence
8 Against Women Act” as prescribed and in
9 accordance with directions provided by HUD, that
explains the VAWA protections under this subpart,
10 including the right to confidentiality, and any
11 limitations on those protections; and
(ii) A certification form, in a form approved by HUD, to
12 be completed by the victim to document an incident
of domestic violence. . .
13
(2) The notice required by paragraph (a)(1)(i) of this section and
14 certification form required by paragraph (a)(1)(ii) of this section must be
provided to an applicant or tenant no later than at each of the following
15
times. . .
16 (i) With any notification of eviction or notification
of termination of assistance. . .”
17
(24 C.F.R. §5.2005(a)(2)(iii), emphasis added.)
18
The landlord of a covered housing property such as the tenancy of Ms. Bakrania, a tenant
19
using a Section 8 HCV to rent the Premises, must include the VAWA Notices when terminating a
20
tenancy. (24 C.F.R. §5.2005(a)(2)(iii); HUD Forms 5380, 5382, attached to Defendant’s RJN.)
21
The plain and commonsense meaning of the statutory language contained in 24 Code of Federal
22
Regulations part 5.2005 requires VAWA Notices to be served with any notice of termination.
23
There is no language in the statute that would support a meaning that the VAWA notices only
24
need to be served with notices of termination that are premised on domestic violence. (DHI
25 Cherry Glen Associates, L.P. v. Gutierrez (2016) 46 Cal.App.5th Supp. 1, 10, n. 7, citing 24
26 C.F.R. §5.2005(a)(2)(iii); see also HUD Notices H 2017-05; 2017-08 Violence Against Women
27 Act (VAWA) Reauthorization Act of 2013—Additional Guidance for Multifamily Owners and
28 6
DEFENDANT, BETTINA BAKRANIA’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT
 1 Management Agents, available at https://www.hud.gov/sites/documents/17-05HSGN.PDF;

2 https://www.hud.gov/sites/documents/PIH-2017-08VAWRA2013.PDF.) The Three-Day Notice

3 served upon Ms. Bakrania or attached to the eviction complaint in this case did not include the

4 VAWA Notices as required by law, and therefore, cannot support an action for unlawful detainer.

5 (Code Civ. Proc. §1161; 24 C.F.R. §5.2005(a)(2)(iii).) Ms. Bakrania is entitled to judgment as a
matter of law. She respectfully asks the Court to grant her motion for summary judgment and
6
dismiss the eviction complaint.
7
c. Additionally, the Court Should Grant Summary Judgment to Ms.
8
Bakrania because Plaintiff Failed to Attach a Copy of the Notice it Served
9
on Ms. Bakrania
10

11 The undisputed facts show that Plaintiff’s Complaint is defective as a matter of law

12 because Plaintiff did not attach a copy of the Three-Day Notice that it served on Ms. Bakrania. In

13 residential tenancies in court on an eviction, “a copy of the termination notice that was served on
the tenant must be attached to the complaint.” (Cal. Eviction Defense Manual (Cont.Ed. Bar 2d.
14
2017 Notice of Termination §13.14, [citing Code Civ. Proc. §1166(d)(1)(A)]; Delta Imports, Inc.
15
v. The Municipal Court for the Los Angeles District of Los Angeles County (1983) 146
16
Cal.App.3d 1033, 1036, n. 3.) [Complaint must set forth the facts upon which the Plaintiff seeks
17
to recover.])
18
Here, the Three-Day Notice, attached as Exhibit 2 to Plaintiff’s Complaint is different
19
than the Three-Day Notice Plaintiff served to Ms. Bakrania. (Bakrania Decl., ¶¶8-10; Ex. A.) In
20
addition to not giving Ms. Bakrania the required VAWA Notices, it does not advise Ms. Bakrania
21
whether Plaintiff gave SAHA a copy of Three-Day Notice as required by 24 C.F.R. section
22
982.310(e)(2)(ii). However, in the 3-Day Notice to Perform Covenant or Quit Plaintiff attached to
23 its complaint, it represented something completely different, i.e., that it notified SAHA and that
24 the VAWA Notices were attached, and notably, the VAWA Notices Plaintiff states on the 3-Day
25 Notice to Perform Covenant or Quit are not attached. Because the Complaint does not contain the
26 actual 3-Day Notice to Perform Covenant or Quit that Plaintiff served on Ms. Bakrania as
27 statutorily required by Code of Civil Procedure section 1166(d)(1)(A), the Complaint is defective
28 and invalid, and it cannot serve as the basis to evict
7 Ms. Bakrania from the Premises.
DEFENDANT, BETTINA BAKRANIA’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT
 1

2 Ms. Bakrania is entitled to judgment as a matter of law.

3 IV. Conclusion

4
A judgment in unlawful detainer can create a severe hardship for Ms. Bakrania by
5 remaining on her record, making it extremely difficult, if not next to impossible, to locate future
6 housing, which for a person like Ms. Bakrania, with disabilities and with a federal housing
7 choice voucher, is necessary for her to remain healthy and safe. Through her motion, supporting
8 documents, and Plaintiff’s own eviction complaint in this case, Ms. Bakrania has demonstrated
9 Plaintiff’s failure to comply with the statutory procedures of unlawful detainer. In addition to the

10 Three-Day Notice being defective as a matter of law, Plaintiff did not attach to its complaint the

11 Three-Day Notice it served upon Ms. Bakrania. Plaintiff cannot overcome these jurisdictional

12 defects. Accordingly, Ms. Bakrania respectfully requests that the Court grant summary judgment

13 in her favor and dismiss this action in its entirety.

14
Dated: March 28, 2022
15

16 Bettina Bakrania
By /s/________________________
Bettina Bakrania
17 Defendant In Pro Per

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DEFENDANT, BETTINA BAKRANIA’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT
 1 Bettina Bakrania
718 Veneto
2 Irvine, CA 92614
Telephone: 949-929-5094
3 Email: [email protected]
Self-Represented Defendant
4

8 SUPERIOR COURT OF CALIFORNIA

9 COUNTY OF ORANGE, CENTRAL JUSTICE
10 CENTER
11 IRVINE APARTMENT COMMUNITIES, Case No.: 30-2021-01232944-CL-UD-CJC
L.P.,
12
Plaintiff, DECLARATION OF DEFENDANT,
13 BETTINA BAKRANIA, IN SUPPORT OF
vs. DEFENDANT’S MOTION FOR
14 SUMMARY JUDGMENT
BETTINA BAKRANIA, and DOES 1
15 through 10, Inclusive, (Related to ROA #3)

16 Defendant(s). Hearing Date: April 15, 2022

17 Time: 8:30 AM

18 Dept. C-61

19 Complaint Filed: November 23, 2021

Trial: April 11, 2022
20

21 I, BETTINA BAKRANIA, hereby declare as follows:

22 1. I am the Defendant in the above-captioned action. I make this declaration in support of my

Motion for Summary Judgment to the eviction complaint filed against me by my landlord,
23
Plaintiff, Irvine Apartment Communities, L.P. (Plaintiff).
24
2. The facts contained in this declaration are within my personal knowledge, such that if
25
called and sworn to testify to them as a witness, I would and could do so competently.
26
3. I currently live at 718 Veneto, Irvine, California 92614 (my apartment). I live alone and
27
have lived in my apartment for approximately over one year.
28
1
DECLARATION OF DEFENDANT, BETTINA BAKRANIA, IN SUPPORT OF DEFENDANT’S MOTION
FOR SUMMARY JUDGMENT
 1 Bettina Bakrania
718 Veneto
2 Irvine, CA 92614
Telephone: 949-929-5094
3 Email: [email protected]
Self-Represented Defendant
4

8 SUPERIOR COURT OF CALIFORNIA

9 COUNTY OF ORANGE, CENTRAL JUSTICE
10 CENTER
11 IRVINE APARTMENT COMMUNITIES, Case No.: 30-2021-01232944-CL-UD-CJC
L.P.,
12
Plaintiff, DEFENDANT, BETTINA BAKARNIA’S
13 FIRST AMENDED REQUEST FOR
vs. JUDICIAL NOTICE IN SUPPORT OF
14 DEFENDANT, BETTINA BAKRANIA’S,
BETTINA BAKRANIA, and DOES 1 MOTION FOR SUMMARY JUDGMENT
15 through 10, Inclusive,
16 Defendant(s).
(Related to ROA #3)
17 Hearing Date: April 15, 2022
18 Time: 8:30 AM
Dept. C-61
19 Complaint Filed: November 23,
2021 Trial: April 11, 2022
20

21

22 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:

23 PLEASE TAKE NOTICE that pursuant to California Evidence Code section 452,
Defendant, Bettina Bakrania, hereby requests that the Court take judicial notice of the following
24
document submitted in support of her Motion for Summary Judgment.
25
1. 24 C.F.R. section 5.2001, attached hereto as Exhibit A, which is appropriate for judicial
26
notice under Evidence Code section 452, subdivision (b) as a regulation issued under the
27
authority of the United States.
28
1
DECLARATION OF DEFENDANT, BETTINA BAKRANIA, FIRST AMENDED REQUEST FOR
JUDICIAL NOTICE IN SUPPORT OF DEFENDANT, BETTINA BAKRANIA’S, MOTION FOR
SUMMARY JUDGMENT
 1 2. 24 C.F.R. section 5.2003, attached hereto as Exhibit B, which is appropriate for judicial notice
2 under Evidence Code section 452, subdivision (b) as a regulation issued under the authority of

3 the United States.

4 3. 24 C.F.R. section 5.2005, attached hereto as Exhibit C, which is appropriate for judicial notice

5 under Evidence Code section 452, subdivision (b) as a regulation issued under the authority of
the United States.
6
4. HUD Form 5380, VAWA Occupancy Rights, attached hereto as Exhibit D, which is
7
appropriate for judicial notice under Evidence Code section 453, subdivision (c) as an official
8
act of the legislative, executive, and the judicial departments of the United States and any
9
state of the United States.
10
5. HUD Form 5382, VAWA Self-Certification, attached hereto as Exhibit E, which is
11
appropriate for judicial notice under Evidence Code section 453, subdivision (c) as an official
12
act of the legislative, executive, and judicial departments of the United States and any state of
13
the United States.
14

15
Dated: March 28, 2022
16

17 __ Bettina Bakrania
______________________
Bettina Bakrania
18

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28 2
DECLARATION OF DEFENDANT, BETTINA BAKRANIA, FIRST AMENDED REQUEST FOR
JUDICIAL NOTICE IN SUPPORT OF DEFENDANT, BETTINA BAKRANIA’S MOTION FOR
SUMMARY JUDGMENT
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EXHIBIT B
 Office of the Secretary, HUD § 5.2003

assistance, and mortgage interest rate (2) Any individual, tenant, or lawful
subsidy. occupant living in the household of
(2) The regulations in this subpart that individual.
are supplemented by the specific regu- Bifurcate means to divide a lease as a
lations for the HUD-covered housing matter of law, subject to the permissi-
programs listed in § 5.2003. The pro- bility of such process under the re-
gram-specific regulations address how quirements of the applicable HUD-cov-
certain VAWA requirements are to be ered program and State or local law,
implemented and whether they can be such that certain tenants or lawful oc-
implemented (for example, reasonable cupants can be evicted or removed and
time to establish eligibility for assist- the remaining tenants or lawful occu-
ance as provided in § 5.2009(b)) for the pants can continue to reside in the unit
applicable covered housing program, under the same lease requirements or
given the statutory and regulatory as may be revised depending upon the
framework for the program. When eligibility for continued occupancy of
there is conflict between the regula- the remaining tenants and lawful occu-
tions of this subpart and the program- pants.
specific regulations, the program-spe- Covered housing program consists of
cific regulations govern. Where assist- the following HUD programs:
ance is provided under more than one (1) Section 202 Supportive Housing
covered housing program and there is a for the Elderly (12 U.S.C. 1701q), with
conflict between VAWA protections or implementing regulations at 24 CFR
remedies under those programs, the in- part 891.
dividual seeking the VAWA protections (2) Section 811 Supportive Housing
or remedies may choose to use the pro- for Persons with Disabilities (42 U.S.C.
tections or remedies under any or all of 8013), with implementing regulations at
those programs, as long as the protec- 24 CFR part 891.
tions or remedies would be feasible and (3) Housing Opportunities for Persons
permissible under each of the program With AIDS (HOPWA) program (42
statutes. U.S.C. 12901 et seq.), with implementing
regulations at 24 CFR part 574.
§ 5.2003 Definitions. (4) HOME Investment Partnerships
(HOME) program (42 U.S.C. 12741 et
The definitions of PHA, HUD, house- seq.), with implementing regulations at
hold, and other person under the tenant’s 24 CFR part 92.
control are defined in subpart A of this (5) Homeless programs under title IV
part. As used in this subpart L: of the McKinney-Vento Homeless As-
Actual and imminent threat refers to a sistance Act (42 U.S.C. 11360 et seq.), in-
physical danger that is real, would cluding the Emergency Solutions
occur within an immediate time frame, Grants program (with implementing
and could result in death or serious regulations at 24 CFR part 576), the
bodily harm. In determining whether Continuum of Care program (with im-
an individual would pose an actual and plementing regulations at 24 CFR part
imminent threat, the factors to be con- 578), and the Rural Housing Stability
sidered include: The duration of the Assistance program (with regulations
risk, the nature and severity of the po- forthcoming).
tential harm, the likelihood that the (6) Multifamily rental housing under
potential harm will occur, and the section 221(d)(3) of the National Hous-
length of time before the potential ing Act (12 U.S.C. 17151(d)) with a
harm would occur. below-market interest rate (BMIR)
Affiliated individual, with respect to pursuant to section 221(d)(5), with im-
an individual, means: plementing regulations at 24 CFR part
(1) A spouse, parent, brother, sister, 221.
or child of that individual, or a person (7) Multifamily rental housing under
to whom that individual stands in the section 236 of the National Housing Act
place of a parent or guardian (for ex- (12 U.S.C. 1715z–1), with implementing
ample, the affiliated individual is a regulations at 24 CFR part 236.
kpayne on VMOFRWIN702 with $$_JOB

person in the care, custody, or control (8) HUD programs assisted under the
of that individual); or United States Housing Act of 1937 (42

125

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 § 5.2005 24 CFR Subtitle A (4–1–20 Edition)

U.S.C. 1437 et seq.); specifically, public partner, by a person similarly situated

housing under section 6 of the 1937 Act to a spouse of the victim under the do-
(42 U.S.C. 1437d) (with regulations at 24 mestic or family violence laws of the
CFR Chapter IX), tenant-based and jurisdiction receiving grant monies, or
project-based rental assistance under by any other person against an adult or
section 8 of the 1937 Act (42 U.S.C. youth victim who is protected from
1437f) (with regulations at 24 CFR chap- that person’s acts under the domestic
ters VIII and IX), and the Section 8 or family violence laws of the jurisdic-
Moderate Rehabilitation Single Room tion. The term ‘‘spouse or intimate
Occupancy (with implementing regula- partner of the victim’’ includes a per-
tions at 24 CFR part 882, subpart H). son who is or has been in a social rela-
(9) The Housing Trust Fund (12 U.S.C. tionship of a romantic or intimate na-
4568) (with implementing regulations ture with the victim, as determined by
at 24 CFR part 93). the length of the relationship, the type
Covered housing provider refers to the of the relationship, and the frequency
individual or entity under a covered of interaction between the persons in-
housing program that has responsi- volved in the relationship.
bility for the administration and/or Sexual assault means any nonconsen-
oversight of VAWA protections and in- sual sexual act proscribed by Federal,
cludes PHAs, sponsors, owners, mort- tribal, or State law, including when the
gagors, managers, State and local gov- victim lacks capacity to consent.
ernments or agencies thereof, nonprofit Stalking means engaging in a course
or for-profit organizations or entities. of conduct directed at a specific person
The program-specific regulations for that would cause a reasonable person
the covered housing programs identify to:
the individual or entity that carries (1) Fear for the person’s individual
out the duties and responsibilities of safety or the safety of others; or
the covered housing provider as set (2) Suffer substantial emotional dis-
forth in part 5, subpart L. For any of tress.
the covered housing programs, it is
VAWA means the Violence Against
possible that there may be more than
Women Act of 1994, as amended (42
one covered housing provider; that is,
U.S.C. 13925 and 42 U.S.C. 14043e et seq.).
depending upon the VAWA duty or re-
sponsibility to be performed by a cov- § 5.2005 VAWA protections.
ered housing provider, the covered
housing provider may not always be (a) Notification of occupancy rights
the same individual or entity. under VAWA, and certification form. (1)
Dating violence means violence com- A covered housing provider must pro-
mitted by a person: vide to each of its applicants and to
(1) Who is or has been in a social rela- each of its tenants the notice of occu-
tionship of a romantic or intimate na- pancy rights and the certification form
ture with the victim; and as described in this section:
(2) Where the existence of such a re- (i) A ‘‘Notice of Occupancy Rights
lationship shall be determined based on under the Violence Against Women
a consideration of the following fac- Act,’’ as prescribed and in accordance
tors: with directions provided by HUD, that
(i) The length of the relationship; explains the VAWA protections under
(ii) The type of relationship; and this subpart, including the right to
(iii) The frequency of interaction be- confidentiality, and any limitations on
tween the persons involved in the rela- those protections; and
tionship. (ii) A certification form, in a form
Domestic violence includes felony or approved by HUD, to be completed by
misdemeanor crimes of violence com- the victim to document an incident of
mitted by a current or former spouse domestic violence, dating violence, sex-
or intimate partner of the victim, by a ual assault or stalking, and that:
person with whom the victim shares a (A) States that the applicant or ten-
child in common, by a person who is ant is a victim of domestic violence,
kpayne on VMOFRWIN702 with $$_JOB

cohabitating with or has cohabitated dating violence, sexual assault, or

with the victim as a spouse or intimate stalking;

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EXHIBIT C
 Office of the Secretary, HUD § 5.2005

public and Section 8 housing, as pro- Immediate family member means, with
vided in the 1937 Act, as amended by respect to a person:
the Violence Against Women Act (1) A spouse, parent, brother, or sis-
(VAWA) (42 U.S.C. 1437f and 42 U.S.C. ter, or child of that person, or an indi-
1437d). This subpart applies to the vidual to whom that person stands in
Housing Choice Voucher program loco parentis; or
under 24 CFR part 982, the project- (2) Any other person living in the
based voucher and certificate programs household of that person and related to
under 24 CFR part 983, the public hous- that person by blood or marriage.
ing admission and occupancy require- Stalking means:
ments under 24 CFR part 960, and re- (1)(i) To follow, pursue, or repeatedly
newed funding or leases of the Section commit acts with the intent to kill, in-
8 project-based program under 24 CFR jure, harass, or intimidate another per-
parts 880, 882, 883, 884, 886, and 891. son; or
(ii) To place under surveillance with
§ 5.2003 Definitions. the intent to kill, injure, harass, or in-
The definitions of 1937 Act, PHA, timidate another person; and
HUD, household, responsible entity, and (2) In the course of, or as a result of,
other person under the tenant’s control such following, pursuit, surveillance,
are defined in subpart A of this part. or repeatedly committed acts, to place
As used in this subpart L: a person in reasonable fear of the death
of, or serious bodily injury to, or to
Bifurcate means, with respect to a
cause substantial emotional harm to
public housing or a Section 8 lease, to
(i) That person,
divide a lease as a matter of law such
(ii) A member of the immediate fam-
that certain tenants can be evicted or
ily of that person, or
removed while the remaining family
(iii) The spouse or intimate partner
members’ lease and occupancy rights
of that person.
are allowed to remain intact.
VAWA means the Violence Against
Dating violence means violence com- Women and Department of Justice Re-
mitted by a person: authorization Act of 2005 (Pub. L. 109–
(1) Who is or has been in a social rela- 162, approved August 28, 2006), as
tionship of a romantic or intimate na- amended by the U.S. Housing Act of
ture with the victim; and 1937 (42 U.S.C. 1437d and 42 U.S. 1437f).
(2) Where the existence of such a re-
lationship shall be determined based on § 5.2005 VAWA protections.
a consideration of the following fac- (a) Notice of VAWA protections. (1)
tors: PHAs must provide notice to public
(i) The length of the relationship; housing and Section 8 tenants of their
(ii) The type of relationship; and rights under VAWA and this subpart,
(iii) The frequency of interaction be- including the right to confidentiality
tween the persons involved in the rela- and the exceptions; and
tionship. (2) PHAs must provide notice to own-
Domestic violence includes felony or ers and management agents of assisted
misdemeanor crimes of violence com- housing, of their rights and obligations
mitted by a current or former spouse of under VAWA and this subpart; and
the victim, by a person with whom the (3) Owners and management agents of
victim shares a child in common, by a assisted housing administering an Of-
person who is cohabitating with or has fice of Housing project-based Section 8
cohabitated with the victim as a program must provide notice to Sec-
spouse, by a person similarly situated tion 8 tenants of their rights and obli-
to a spouse of the victim under the do- gations under VAWA and this subpart.
mestic or family violence laws of the (4) The HUD-required lease, lease ad-
jurisdiction receiving grant monies, or dendum, or tenancy addendum, as ap-
by any other person against an adult or plicable, must include a description of
youth victim who is protected from specific protections afforded to the vic-
jdjones on DSK8KYBLC1PROD with CFR

that person’s acts under the domestic tims of domestic violence, dating vio-
or family violence laws of the jurisdic- lence, or stalking, as provided in this
tion. subpart.

105

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 § 5.2007 24 CFR Subtitle A (4–1–11 Edition)

(b) Applicants. Admission to the pro- they meet the standards provided in
gram shall not be denied on the basis paragraph (e) of this section.
that the applicant is or has been a vic- (3) Any eviction or termination of as-
tim of domestic violence, dating vio- sistance, as provided in paragraph
lence, or stalking, if the applicant oth- (d)(3) of this section, should be utilized
erwise qualifies for assistance or ad- by a PHA, owner, or management
mission. agent only when there are no other ac-
(c) Tenants—(1) Domestic violence, dat- tions that could be taken to reduce or
ing violence, or stalking. An incident or eliminate the threat, including, but
incidents of actual or threatened do- not limited to, transferring the victim
mestic violence, dating violence, or to a different unit, barring the perpe-
stalking will not be construed as a seri- trator from the property, contacting
ous or repeated lease violation by the law enforcement to increase police
victim or threatened victim of the do- presence or develop other plans to keep
mestic violence, dating violence, or the property safe, or seeking other
stalking, or as good cause to terminate legal remedies to prevent the perpe-
the tenancy of, occupancy rights of, or trator from acting on a threat. Restric-
assistance to the victim. tions predicated on public safety can-
(2) Criminal activity related to domestic not be based on stereotypes, but must
violence, dating violence, or stalking. be tailored to particularized concerns
Criminal activity directly related to about individual residents.
domestic violence, dating violence, or (e) Actual and imminent threat. An ac-
stalking, engaged in by a member of a tual and imminent threat consists of a
tenant’s household or any guest or physical danger that is real, would
other person under the tenant’s con- occur within an immediate time frame,
trol, shall not be cause for termination and could result in death or serious
of tenancy of, occupancy rights of, or bodily harm. In determining whether
assistance to the victim, if the tenant an individual would pose an actual an
or immediate family member of the imminent threat, the factors to be con-
tenant is the victim. sidered include: The duration of the
(d) Limitations of VAWA protections. risk, the nature and severity of the po-
(1) Nothing in this section limits the tential harm, the likelihood that the
authority of the PHA, owner, or man- potential harm will occur, and the
agement agent to evict a tenant or ter- length of time before the potential
minate assistance for a lease violation harm would occur.
unrelated to domestic violence, dating
violence, or stalking, provided that the § 5.2007 Documenting the occurrence
PHA, owner, or management agent of domestic violence, dating vio-
does not subject such a tenant to a lence, or stalking.
more demanding standard than other (a) Request for documentation. A PHA,
tenants in making the determination owner, or management agent presented
whether to evict, or to terminate as- with a claim for continued or initial
sistance or occupancy rights; tenancy or assistance based on status
(2) Nothing in this section may be as a victim of domestic violence, dat-
construed to limit the authority of a ing violence, stalking, or criminal ac-
PHA, owner, or management agent to tivity related to domestic violence,
evict or terminate assistance to any dating violence, or stalking may re-
tenant or lawful occupant if the PHA, quest that the individual making the
owner, or management agent can dem- claim document the abuse. The request
onstrate an actual and imminent for documentation must be in writing.
threat to other tenants or those em- The PHA, owner, or management agent
ployed at or providing service to the may require submission of documenta-
public housing or Section 8 assisted tion within 14 business days after the
property if that tenant or lawful occu- date that the individual received the
pant is not terminated from assistance. request for documentation. However,
jdjones on DSK8KYBLC1PROD with CFR

In this context, words, gestures, ac- the PHA, owner, or management agent
tions, or other indicators will be con- may extend this time period at its dis-
sidered an ‘‘actual imminent threat’’ if cretion.

106

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EXHIBIT D
 NOTICE OF OCCUPANCY RIGHTS UNDER U.S. Department of Housing and Urban Development
THE VIOLENCE AGAINST WOMEN ACT OMB Approval No. 2577-0286
Expires 06/30/2017

[Insert Name of Housing Provider 1]

Notice of Occupancy Rights under the Violence Against Women Act 2

To all Tenants and Applicants

The Violence Against Women Act (VAWA) provides protections for victims of domestic

violence, dating violence, sexual assault, or stalking. VAWA protections are not only available

to women, but are available equally to all individuals regardless of sex, gender identity, or sexual

orientation. 3 The U.S. Department of Housing and Urban Development (HUD) is the Federal

agency that oversees that [insert name of program or rental assistance] is in compliance with

VAWA. This notice explains your rights under VAWA. A HUD-approved certification form is

attached to this notice. You can fill out this form to show that you are or have been a victim of

domestic violence, dating violence, sexual assault, or stalking, and that you wish to use your

rights under VAWA.”

Protections for Applicants

If you otherwise qualify for assistance under [insert name of program or rental assistance],

you cannot be denied admission or denied assistance because you are or have been a victim of

domestic violence, dating violence, sexual assault, or stalking.

Protections for Tenants

1
The notice uses HP for housing provider but the housing provider should insert its name where HP is used.
HUD’s program-specific regulations identify the individual or entity responsible for providing the notice of
occupancy rights.
2
Despite the name of this law, VAWA protection is available regardless of sex, gender identity, or sexual
orientation.
3
Housing providers cannot discriminate on the basis of any protected characteristic, including race, color, national
origin, religion, sex, familial status, disability, or age. HUD-assisted and HUD-insured housing must be made
available to all otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or
marital status.
Form HUD-5380
(12/2016)
 2

If you are receiving assistance under [insert name of program or rental assistance], you may

not be denied assistance, terminated from participation, or be evicted from your rental housing

because you are or have been a victim of domestic violence, dating violence, sexual assault, or

stalking.

Also, if you or an affiliated individual of yours is or has been the victim of domestic violence,

dating violence, sexual assault, or stalking by a member of your household or any guest, you

may not be denied rental assistance or occupancy rights under [insert name of program or

rental assistance] solely on the basis of criminal activity directly relating to that domestic

violence, dating violence, sexual assault, or stalking.

Affiliated individual means your spouse, parent, brother, sister, or child, or a person to whom

you stand in the place of a parent or guardian (for example, the affiliated individual is in your

care, custody, or control); or any individual, tenant, or lawful occupant living in your household.

Removing the Abuser or Perpetrator from the Household

HP may divide (bifurcate) your lease in order to evict the individual or terminate the assistance

of the individual who has engaged in criminal activity (the abuser or perpetrator) directly relating

to domestic violence, dating violence, sexual assault, or stalking.

If HP chooses to remove the abuser or perpetrator, HP may not take away the rights of eligible

tenants to the unit or otherwise punish the remaining tenants. If the evicted abuser or perpetrator

was the sole tenant to have established eligibility for assistance under the program, HP must

allow the tenant who is or has been a victim and other household members to remain in the unit

for a period of time, in order to establish eligibility under the program or under another HUD

housing program covered by VAWA, or, find alternative housing.

Form HUD-5380
(12/2016)
 3

In removing the abuser or perpetrator from the household, HP must follow Federal, State, and

local eviction procedures. In order to divide a lease, HP may, but is not required to, ask you for

documentation or certification of the incidences of domestic violence, dating violence, sexual

assault, or stalking.

Moving to Another Unit

Upon your request, HP may permit you to move to another unit, subject to the availability of

other units, and still keep your assistance. In order to approve a request, HP may ask you to

provide documentation that you are requesting to move because of an incidence of domestic

violence, dating violence, sexual assault, or stalking. If the request is a request for emergency

transfer, the housing provider may ask you to submit a written request or fill out a form where

you certify that you meet the criteria for an emergency transfer under VAWA. The criteria are:

(1) You are a victim of domestic violence, dating violence, sexual assault, or

stalking. If your housing provider does not already have documentation that you

are a victim of domestic violence, dating violence, sexual assault, or stalking, your

housing provider may ask you for such documentation, as described in the

documentation section below.

(2) You expressly request the emergency transfer. Your housing provider may

choose to require that you submit a form, or may accept another written or oral

request.

(3) You reasonably believe you are threatened with imminent harm from

further violence if you remain in your current unit. This means you have a

reason to fear that if you do not receive a transfer you would suffer violence in the

very near future.

Form HUD-5380
(12/2016)
 4

OR

You are a victim of sexual assault and the assault occurred on the premises

during the 90-calendar-day period before you request a transfer. If you are a

victim of sexual assault, then in addition to qualifying for an emergency transfer

because you reasonably believe you are threatened with imminent harm from

further violence if you remain in your unit, you may qualify for an emergency

transfer if the sexual assault occurred on the premises of the property from which

you are seeking your transfer, and that assault happened within the 90-calendar-day

period before you expressly request the transfer.

HP will keep confidential requests for emergency transfers by victims of domestic violence,

dating violence, sexual assault, or stalking, and the location of any move by such victims and

their families.

HP’s emergency transfer plan provides further information on emergency transfers, and HP must

make a copy of its emergency transfer plan available to you if you ask to see it.

Documenting You Are or Have Been a Victim of Domestic Violence, Dating Violence,

Sexual Assault or Stalking

HP can, but is not required to, ask you to provide documentation to “certify” that you are or have

been a victim of domestic violence, dating violence, sexual assault, or stalking. Such request

from HP must be in writing, and HP must give you at least 14 business days (Saturdays,

Sundays, and Federal holidays do not count) from the day you receive the request to provide the

documentation. HP may, but does not have to, extend the deadline for the submission of

documentation upon your request.

Form HUD-5380
(12/2016)
 5

You can provide one of the following to HP as documentation. It is your choice which of the

following to submit if HP asks you to provide documentation that you are or have been a victim

of domestic violence, dating violence, sexual assault, or stalking.

• A complete HUD-approved certification form given to you by HP with this notice, that

documents an incident of domestic violence, dating violence, sexual assault, or stalking.

The form will ask for your name, the date, time, and location of the incident of domestic

violence, dating violence, sexual assault, or stalking, and a description of the incident.

The certification form provides for including the name of the abuser or perpetrator if the

name of the abuser or perpetrator is known and is safe to provide.

• A record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or

administrative agency that documents the incident of domestic violence, dating violence,

sexual assault, or stalking. Examples of such records include police reports, protective

orders, and restraining orders, among others.

• A statement, which you must sign, along with the signature of an employee, agent, or

volunteer of a victim service provider, an attorney, a medical professional or a mental

health professional (collectively, “professional”) from whom you sought assistance in

addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of

abuse, and with the professional selected by you attesting under penalty of perjury that he

or she believes that the incident or incidents of domestic violence, dating violence, sexual

assault, or stalking are grounds for protection.

• Any other statement or evidence that HP has agreed to accept.

If you fail or refuse to provide one of these documents within the 14 business days, HP does not

have to provide you with the protections contained in this notice.

Form HUD-5380
(12/2016)
 6

If HP receives conflicting evidence that an incident of domestic violence, dating violence, sexual

assault, or stalking has been committed (such as certification forms from two or more members

of a household each claiming to be a victim and naming one or more of the other petitioning

household members as the abuser or perpetrator), HP has the right to request that you provide

third-party documentation within thirty 30 calendar days in order to resolve the conflict. If you

fail or refuse to provide third-party documentation where there is conflicting evidence, HP does

not have to provide you with the protections contained in this notice.

Confidentiality

HP must keep confidential any information you provide related to the exercise of your rights

under VAWA, including the fact that you are exercising your rights under VAWA.

HP must not allow any individual administering assistance or other services on behalf of HP (for

example, employees and contractors) to have access to confidential information unless for

reasons that specifically call for these individuals to have access to this information under

applicable Federal, State, or local law.

HP must not enter your information into any shared database or disclose your information to any

other entity or individual. HP, however, may disclose the information provided if:

• You give written permission to HP to release the information on a time limited basis.

• HP needs to use the information in an eviction or termination proceeding, such as to evict

your abuser or perpetrator or terminate your abuser or perpetrator from assistance under

this program.

• A law requires HP or your landlord to release the information.

Form HUD-5380
(12/2016)
 7

VAWA does not limit HP’s duty to honor court orders about access to or control of the property.

This includes orders issued to protect a victim and orders dividing property among household

members in cases where a family breaks up.

Reasons a Tenant Eligible for Occupancy Rights under VAWA May Be Evicted or

Assistance May Be Terminated

You can be evicted and your assistance can be terminated for serious or repeated lease violations

that are not related to domestic violence, dating violence, sexual assault, or stalking committed

against you. However, HP cannot hold tenants who have been victims of domestic violence,

dating violence, sexual assault, or stalking to a more demanding set of rules than it applies to

tenants who have not been victims of domestic violence, dating violence, sexual assault, or

stalking.

The protections described in this notice might not apply, and you could be evicted and your

assistance terminated, if HP can demonstrate that not evicting you or terminating your assistance

would present a real physical danger that:

1) Would occur within an immediate time frame, and

2) Could result in death or serious bodily harm to other tenants or those who work on the

property.

If HP can demonstrate the above, HP should only terminate your assistance or evict you if there

are no other actions that could be taken to reduce or eliminate the threat.

Other Laws

VAWA does not replace any Federal, State, or local law that provides greater protection for

victims of domestic violence, dating violence, sexual assault, or stalking. You may be entitled to

Form HUD-5380
(12/2016)
 8

additional housing protections for victims of domestic violence, dating violence, sexual assault,

or stalking under other Federal laws, as well as under State and local laws.

Non-Compliance with The Requirements of This Notice

You may report a covered housing provider’s violations of these rights and seek additional

assistance, if needed, by contacting or filing a complaint with [insert contact information for

any intermediary, if applicable] or [insert HUD field office].

For Additional Information

You may view a copy of HUD’s final VAWA rule at [insert Federal Register link].

Additionally, HP must make a copy of HUD’s VAWA regulations available to you if you ask to

see them.

For questions regarding VAWA, please contact [insert name of program or rental assistance

contact information able to answer questions on VAWA].

For help regarding an abusive relationship, you may call the National Domestic Violence Hotline

at 1-800-799-7233 or, for persons with hearing impairments, 1-800-787-3224 (TTY). You may

also contact [Insert contact information for relevant local organizations].

For tenants who are or have been victims of stalking seeking help may visit the National Center

for Victims of Crime’s Stalking Resource Center at https://www.victimsofcrime.org/our-

programs/stalking-resource-center.

For help regarding sexual assault, you may contact [Insert contact information for relevant

organizations]

Victims of stalking seeking help may contact [Insert contact information for relevant

organizations].

Attachment: Certification form HUD-5382 [form approved for this program to be included]

Form HUD-5380
(12/2016)
EXHIBIT E
CERTIFICATION OF U.S. Department of Housing OMB Approval No. 2577-0286
DOMESTIC VIOLENCE, and Urban Development Exp. 06/30/2017
DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING,
AND ALTERNATE DOCUMENTATION

Purpose of Form: The Violence Against Women Act (“VAWA”) protects applicants, tenants, and
program participants in certain HUD programs from being evicted, denied housing assistance, or
terminated from housing assistance based on acts of domestic violence, dating violence, sexual assault, or
stalking against them. Despite the name of this law, VAWA protection is available to victims of domestic
violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual
orientation.
Use of This Optional Form: If you are seeking VAWA protections from your housing provider, your
housing provider may give you a written request that asks you to submit documentation about the incident
or incidents of domestic violence, dating violence, sexual assault, or stalking.

In response to this request, you or someone on your behalf may complete this optional form and submit it
to your housing provider, or you may submit one of the following types of third-party documentation:

(1) A document signed by you and an employee, agent, or volunteer of a victim service provider, an
attorney, or medical professional, or a mental health professional (collectively, “professional”) from
whom you have sought assistance relating to domestic violence, dating violence, sexual assault, or
stalking, or the effects of abuse. The document must specify, under penalty of perjury, that the
professional believes the incident or incidents of domestic violence, dating violence, sexual assault, or
stalking occurred and meet the definition of “domestic violence,” “dating violence,” “sexual assault,” or
“stalking” in HUD’s regulations at 24 CFR 5.2003.
(2) A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or
administrative agency; or
(3) At the discretion of the housing provider, a statement or other evidence provided by the applicant or
tenant.

Submission of Documentation: The time period to submit documentation is 14 business days from the
date that you receive a written request from your housing provider asking that you provide documentation
of the occurrence of domestic violence, dating violence, sexual assault, or stalking. Your housing
provider may, but is not required to, extend the time period to submit the documentation, if you request an
extension of the time period. If the requested information is not received within 14 business days of when
you received the request for the documentation, or any extension of the date provided by your housing
provider, your housing provider does not need to grant you any of the VAWA protections. Distribution or
issuance of this form does not serve as a written request for certification.

Confidentiality: All information provided to your housing provider concerning the incident(s) of
domestic violence, dating violence, sexual assault, or stalking shall be kept confidential and such details
shall not be entered into any shared database. Employees of your housing provider are not to have access
to these details unless to grant or deny VAWA protections to you, and such employees may not disclose
this information to any other entity or individual, except to the extent that disclosure is: (i) consented to
by you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing
regarding termination of assistance; or (iii) otherwise required by applicable law.

Form HUD-5382
(12/2016)
 2

TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE,

DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING

1. Date the written request is received by victim: _________________________________________

2. Name of victim: ___________________________________________________________________

3. Your name (if different from victim’s):________________________________________________

4. Name(s) of other family member(s) listed on the lease:___________________________________

___________________________________________________________________________________

5. Residence of victim: ________________________________________________________________

6. Name of the accused perpetrator (if known and can be safely disclosed):____________________

__________________________________________________________________________________

7. Relationship of the accused perpetrator to the victim:___________________________________

8. Date(s) and times(s) of incident(s) (if known):___________________________________________

_________________________________________________________________

10. Location of incident(s):_____________________________________________________________

In your own words, briefly describe the incident(s):
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

This is to certify that the information provided on this form is true and correct to the best of my knowledge
and recollection, and that the individual named above in Item 2 is or has been a victim of domestic violence,
dating violence, sexual assault, or stalking. I acknowledge that submission of false information could
jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or
eviction.

Signature __________________________________Signed on (Date) ___________________________

Public Reporting Burden: The public reporting burden for this collection of information is estimated to
average 1 hour per response. This includes the time for collecting, reviewing, and reporting the data. The
information provided is to be used by the housing provider to request certification that the applicant or
tenant is a victim of domestic violence, dating violence, sexual assault, or stalking. The information is
subject to the confidentiality requirements of VAWA. This agency may not collect this information, and
you are not required to complete this form, unless it displays a currently valid Office of Management and
Budget control number.

Form HUD-5382
(12/2016)
 1 Bettina Bakarnia
718 Veneto
2 Irvine, CA 92614
Telephone: 949-929-5094
3 Email: [email protected]
Self-Represented Defendant
4

8 SUPERIOR COURT OF CALIFORNIA

9 COUNTY OF ORANGE, CENTRAL JUSTICE CENTER
10

11 IRVINE APARTMENT COMMUNITIES, Case No.: 30-2021-01232944-CL-UD-CJC

L.P.,
12
Plaintiff, [PROPOSED] ORDER GRANTING
13 DEFENDANT, BETTINA BAKARNIA’S,
vs. MOTION FOR SUMMARY JUDGMENT
14
BETTINA BAKARNIA, and DOES 1 (Related to ROA #3)
15 through 10, Inclusive,
Hearing Date: April 15, 2022
16 Defendant(s). Time: 8:30 AM
Dept. C-61
17
Complaint Filed: November 23, 2021
18 Trial: April 11, 2022

19

20

21 On April ____, 2022, at 8:30 A.M., or as soon as thereafter as the matter could be heard in

22 Department C-61 of the Superior Court of California for the County of Orange, the court heard
the Motion for Summary Judgment of Defendant, Bettina Bakarnia, erroneously sued herein as
23
“Bettina Bakrania.” The law offices of Kimball, Tirey & St. John LLP, appeared for Plaintiff,
24
Irvine Apartment Communities, L.P., while Defendant, Bettina Bakarnia, appeared as a self-
25
represented litigant.
26
///
27
///
28 1

[PROPOSED] ORDER GRANTING DEFENDANT, BETTINA BAKARNIA’S, MOTION FOR SUMMARY

JUDGMENT
 1 The Court, having read all moving papers, papers in opposition and reply (if any), and

2 receiving oral argument, and finding good cause therefor, renders the following Order:

3 The Court grants Defendant’s Motion for Summary Judgment and orders Plaintiff’s

4 Complaint for Unlawful Detainer dismissed.

5
Dated: __________________
6

7 ______________________________________
JUDICIAL OFFICER OF THE
8 SUPERIOR COURT

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 2
DECLARATION OF DEFENDANT, BETTINA BAKARNIA, REQUEST FOR JUDICIAL NOTICE IN SUPPORT
OF DEFENDANT, BETTINA BAKARNIA’S MOTION FOR SUMMARY JUDGMENT
 Bettina Bakrania

718 Veneto
Irvine CA 92614
949-929-5094
[email protected]
Self-Represented Defendant
Orange
700 Civic Center Drive West
SAME
Santa Ana 92701
Central Justice Center
30-2021-01232944-CL-UD-CJC
IRVINE APARTMENT COMMUNITIES, L.P.
Bettina Bakrania; and Does 1 to 10, Inclusive

First Amended

601 Civic Center Drive West, Santa Ana, CA 92701

[email protected]

Defendant's Motion for Summary Judgment; Declaration of Defendant, Bettina Bakrania ISO Defendant's Motion for
Summary Judgment; Defendant's First Amended Request for Judicial Notice [Proposed] Order

Shelley M. Crawford, Esq.

Irvine Apartment Communities, L.P.

[email protected]; [email protected]
3-30-2022

3-30-2022

Ugochi Anaebere-Nicholson