Federal Court Won't Decide Rent Demand Claim

June 30, 2000

LVT Number: 14225

Landlord sued to evict tenant for nonpayment of rent in housing court. Tenant claimed that landlord's three-day rent demand notice violated the Federal Debt Collection Practices Act (FDCPA). Even though landlord signed the notice, it was prepared by landlord's attorney, and tenant claimed that this made the notice one sent by a debt collector. Tenant then sued landlord in federal court and asked that the housing court case be moved there for a ruling on the FDCPA issue. The federal court ruled against tenant. Landlord's petition raised no federal claim.

Landlord sued to evict tenant for nonpayment of rent in housing court. Tenant claimed that landlord's three-day rent demand notice violated the Federal Debt Collection Practices Act (FDCPA). Even though landlord signed the notice, it was prepared by landlord's attorney, and tenant claimed that this made the notice one sent by a debt collector. Tenant then sued landlord in federal court and asked that the housing court case be moved there for a ruling on the FDCPA issue. The federal court ruled against tenant. Landlord's petition raised no federal claim. The housing court could decide the issue raised by tenant. And it was frivolous to try to move the case to federal court and to claim that an FDCPA violation is a defense to a nonpayment case.

Arrey v. Beaux Arts II, LLC: NYLJ, 6/29/00, p. 35, col. 3 (SDNY; Kaplan, J)

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