Landlord That Sought Rent Didn't Violate FDCPA

Cooperative shareholder tenant sued landlord co-op corporation, its directors, managing agent, and former attorneys, claiming that they made unlawful attempts to collect rent and related fees from her in violation of the Federal Debt Collection Practices Act (FDCPA). Landlord asked the court to dismiss the case without a trial. The court ruled for landlord and dismissed the case against most of the defendants.  Landlord itself was a creditor whose conduct is not regulated by the FDCPA. Landlord's managing agent also acted openly on behalf of landlord and was known to tenant and hadn't violated the FDCPA. Because the individual directors acted in their capacities as co-op board directors, they acted in the name of landlord when they attempted to collect payment and also weren't subject to the FDCPA. As to tenant's claim against the attorneys, it was timely since the case was commenced less than one year after tenant was served in a housing court nonpayment proceeding. But any claim against the attorneys for conduct prior to the date of service of the nonpayment petition was dismissed as untimely. 

Lautman v. 2800 Coyle St. Owners Corp.: Docket No. 13-CV-967, 2014 WL 2200909 (EDNY; 5/24/14; Ross, DJ)