Sup.Ct.App.Div.;
2599

The Appellate Division of the Fresno County Superior Court reversed a judgment. The trial court erred in finding a subsidized tenancy could be terminated on grounds never asserted in prior notices to the tenant.

Gabriela Llamas lived in an apartment managed by The CBM Group, Inc. Most of Llamas's monthly rent payment was covered by a federal subsidy. Her certification for the subsidy had an expiration date of January 1, 2016, and she was required to complete the recertification process prior to that date to avoid losing the subsidy. CBM sent Llamas a 60-day notice on November 2, 2015, advising her of the pending expiration of her certification. Llamas met with CBM property manager Maria Velez on November 23 or 24 to complete her application for recertification. Velez refused to process Llama's recertification, allegedly telling her that it was “too late.” Because the recertification was not completed, in January 2016, Llamas' rent jumped from the $25 she had previously been paying to $1,050. When Llamas failed to pay that amount, CBM served her with a three-day notice to pay or quit, citing her failure to pay the increased rent. When Llamas failed to move out, CBM filed an unlawful detainer action. At trial, Velez acknowledged that Llamas had come to her office to fill out the recertification paperwork at the end of November. Velez also conceded that she had refused to complete that paperwork, but denied having said it was too late.