Certification to Evict Section 8 Tenant Violates FDCPA

June 30, 1999

LVT Number: 13350

Facts: Landlord sued to evict Section 8 tenant for nonpayment of rent. Landlord served a Certification of Basis for Eviction Proceeding form on tenant and the NYCHA in accordance with Section 8 procedures. Landlord's attorneys signed the form. Tenant asked the court to dismiss the case, claiming that the certification violated the Fair Debt Collection Practices Act (FDCPA). Court: Tenant wins. The certification didn't comply with the FDCPA. The certification didn't disclose that it was a communication from an attorney debt collector seeking to collect a debt.

Facts: Landlord sued to evict Section 8 tenant for nonpayment of rent. Landlord served a Certification of Basis for Eviction Proceeding form on tenant and the NYCHA in accordance with Section 8 procedures. Landlord's attorneys signed the form. Tenant asked the court to dismiss the case, claiming that the certification violated the Fair Debt Collection Practices Act (FDCPA). Court: Tenant wins. The certification didn't comply with the FDCPA. The certification didn't disclose that it was a communication from an attorney debt collector seeking to collect a debt. It also didn't advise tenant, as debtor, that she could dispute the validity of the debt within 30 days or that if she didn't dispute it, the debt would otherwise be assumed to be valid. The case was dismissed.

8201 Realty Assocs. v. Navas: NYLJ, p. 32, col. 4 (6/16/99) (Civ. Ct. Kings; Wendt, J)

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