Landlord's Rent Demand Violated Fair Debt Collection Practices Act

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant later asked the court to vacate the judgment and eviction warrant. She claimed that landlord's five-day written rent demand violated the federal Fair Debt Collection Practices Act because landlord's attorney signed the rent demand and didn't inform tenant that the demand was an attempt to collect a debt. Tenant also claimed that the rent demand didn't contain a ''validation notice'' advising tenant that if she didn't dispute the validity of the debt within 30 days, the debt would be assumed valid. The court ruled for tenant. Although New York law permits starting a nonpayment case after a three-day rent demand is sent, the federal debt collection law adds restrictions when someone other than landlord signs the rent demand on landlord's behalf. The judgment and eviction warrant were vacated, and the case was dismissed.

Eina Realty v. Calixte: NYLJ, p. 24, col. 1 (8/19/98) (Civ. Ct. Kings; Acosta, J)