This is Sanford Hausler's blog about the United States Court of Appeals for the Second Circuit and its opinions. Nothing in this blog constitutes legal advice. But feel free to contact me at shausler at justice.com if you need help with an appeal either in the Second Circuit or in the New York appellate courts.
Tuesday, April 18, 2006
Landlord/Tenant Law and the FDCPA. The Second Circuit decided that the service of a notice of petition and petition in a non-payment proceeding brought by a landlord against his tenant constitues an "initial communication" under the Federal Debt Collection Practices Act. Hence, the warnings and notices required by 13 U.S.C. 1692g should have been sent with the pleadings. The Second Circuit has joined the Seventh Circuit on this issue. The decision in Goldman v. Cohen can be found on the Second Circuit website. It was decided on April 12, 2006.
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