Violation of my Personal Privacy

[Paul B]

Jurisdiction

New York

Did my landlord violate my privacy by calling my work place looking for me and disclose credit information about me to a stranger, third party about my standing with rent. My landlord called my office asked for me and I was not available and told the person to have me call him because I owe him two month rent that I have not paid. This was recored and presented to me and I was humiliated with his actions. Horrified that he could do that. What are my rights?


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ADMIN

 

[army judge]

Did my landlord violate my privacy by calling my work place looking for me and disclose credit information about me to a stranger, third party about my standing with rent. My landlord called my office asked for me and I was not available and told the person to have me call him because I owe him two month rent that I have not paid. This was recored and presented to me and I was humiliated with his actions. Horrified that he could do that. What are my rights?


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Are creditors and landlords allowed to call your family, friends or neighbors?

The short answer to this is "yes they can" but that doesn't mean that they can tell people about your debts. Creditors (includes your LL) are allowed to call people for the purpose of locating the debtor (YOU), but are not allowed to reveal any personal information about the debtor or the purpose of the call.

The creditor must identify themselves as a debt collector, so people often conclude that you probably owe someone some money. If asked, they must reveal the name of the company that they work for.

While the Fair Debt Collection Practices Act (FDCPA), does allow creditors to try to locate your home or work address, it protects you from certain actions by creditors and debt collectors. The creditor is not allowed to give out any details about your account number or tell anyone that you are late your payments. The collector can not give out any information about you except for your name and address, and they can't ask the person to give you a message. However, they call with the hope that the person will come to you and tell you that they called looking for you. They want you to be embarrassed by the fact that they called since they want you to pay them to keep this from happening again.

Chances are that if collection efforts get to the point that collectors are calling your friends and neighbors, you probably should speak to a bankruptcy lawyer about your bankruptcy options.

In your case, it may be time to pay your rent in full (if you still can), or arrange your exit from the apartment.

Bankruptcy lawyers can talk to you about the whether or not your rights have been violated by your creditors, or provide ways to help you stop the calls completely. Bankruptcy can stop all calls from collectors and either wipe out most unsecured debts in Chapter 7.

I suggest you pay the landlord, arrange payment (if you still can), or prepare for a formal eviction action to be lodged against you in court.

You don't want that to occur.

If an eviction action is lodged against you, you're likely to be barred from renting decent housing for decades (maybe forever).

Your remedies under this law and with this agency won't stop the eviction.
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Consumer Information | Federal Trade Commission
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In other words, what the LL was alleged to have done is far less significant than being two months arrears in your rent.

 

[adjusterjack]

Did my landlord violate my privacy by calling my work place looking for me and disclose credit information about me to a stranger, third party about my standing with rent. My landlord called my office asked for me and I was not available and told the person to have me call him because I owe him two month rent that I have not paid. This was recored and presented to me and I was humiliated with his actions. Horrified that he could do that. What are my rights?

As much as I hate to correct Army Judge, the US Fair Debt Collection Practices Act applies to "debt collectors" (collection agencies and the like) and not to all creditors. Your landlord is not defined as a "debt collector" in the US FDCPA and has therefore done nothing wrong under federal law.

However, NY has it's own FDCPA:

2016 New York Laws :: GBS - General Business :: Article 29-H - (General Business) DEBT COLLECTION PROCEDURES

It does apply to "principal creditors" and not just collection agencies. That could include your landlord as a "principal creditor" and the revealing of your default to your employer is prohibited.

What bothers me about the statute is that it refers to "consumer claim" which means

"any obligation of a natural person for the payment of money or its equivalent which is or is alleged to be in default and which arises out of a transaction wherein credit has been offered or extended to a natural person,..."

I can't say one way or another whether a rental agreement is an extension of credit so you'd better figure that out before you go jumping on "legal rights."

If a rental agreement is not contemplated by that NY statute then your landlord has still not done anything wrong or illegal.

 

[army judge]

A LL can be considered a creditor, but in this instance that won't matter if the rent remains in arrears.

Sooner than any federal or state agency can (or will act) an eviction action can be brought to reclaim possession by the LL and the ejection of the tenant and his goods.

Even IF OP had a remedy under any feredal statute, such remedy wouldn't inhibit or prevent the LL from doing what ALL LLs that aren't being paid eventually do, file for eviction.

Just because one has a right, doesn't mean that right will at anytime trump the right of another.

Neither will the eviction of the OP forestall him from pursuing any remedy which by law is his.

In any event, a tenant who doesn't pay rent will eventually disappear in the middle of the night, or be ordered out by a court of law.

My friend, adjusterjack, you can take issue with anything I say.

At this point in my life, mate, the opinions put forth by others matter not to me.
That's my New Years resolution mate.

 

[adjusterjack]

At this point in my life, mate, the opinions put forth by others matter not to me.

I have come to that same point in life and share that fine philosophy.

However, my comments are made for the benefit of posters who are seeking guidance, and not intended to disparage you.

 

[adjusterjack]

A LL can be considered a creditor, but in this instance that won't matter if the rent remains in arrears.

True. But, if the landlord is a "principal creditor" under NY law, the tenant may have a monetary claim (or counterclaim to the eviction) for the landlord's violation.

Won't stop an eviction for non-pay but could mitigate any debt owed for past due rent.

 

[army judge]

Won't stop an eviction for non-pay but could mitigate any debt owed for past due rent.

Doubtful, even if he did, the remedy isn't likely to be found in landlord tenant's court or smal claims court.

Plus, as I was taught, the journey to PROOF from ASSERTION is very long and fraught with many difficulties; many have died undertaking such a journey!