Housing Court Can Hear Federal Claim

Landlord sued in housing court to evict tenant for nonpayment of rent. The court ruled for landlord and an eviction warrant was issued. Tenant then filed in federal court for bankruptcy and got a temporary delay of the eviction. The bankruptcy court later revoked the temporary delay, allowing the eviction to go ahead. Tenant then claimed in housing court that the nonpayment case should be dismissed because housing court wasn't authorized to hear cases involving the issue of the application of the Fair Debt Collection Practices Act. The court ruled against tenant, and tenant then made the same claim in federal bankruptcy court. The bankruptcy court also ruled against tenant, and tenant appealed. The federal court also ruled against tenant. Housing court could hear the FDCPA claim.

Gerontis v. Schwartz: NYLJ, p. 34, col. 3 (4/14/99) (S.D.NY; Griesa, J)