Landlord's Attorneys Didn't Violate FDCPA

Rent-controlled tenant sued landlord’s attorneys, claiming a violation of the Federal Debt Collection Practices Act (FDCPA). Landlord had refused to cash a year’s worth of rent checks tendered by tenant’s roommate, because doing so might establish succession rights. Landlord sued to evict tenant for nonpayment of rent. That case was promptly settled, and tenant then brought the action against landlord’s attorneys in federal court. The court dismissed the case. Landlord’s notices and petition in the nonpayment case were clear and couldn’t have caused tenant confusion about landlord’s claim. Landlord’s attorneys sent a proper notice to tenant under the FDCPA. Tenant was represented by an attorney in the nonpayment proceeding, who negotiated the settlement. The reason that landlord had rejected payments from the roommate was understandable and appropriate. 

DiMatteo v. Sweeny, Gallo, Reich & Bolz, LLP: Index No. 13 Civ. 8451, 2014 WL 4449797 (SDNY; 9/9/14; Crotty, J)