Hodges v. Sasil Corp.

915 A.2d 1, 189 N.J. 210, 2007 N.J. LEXIS 24
CourtSupreme Court of New Jersey
DecidedJanuary 31, 2007
StatusPublished
Cited by48 cases

This text of 915 A.2d 1 (Hodges v. Sasil Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hodges v. Sasil Corp., 915 A.2d 1, 189 N.J. 210, 2007 N.J. LEXIS 24 (N.J. 2007).

Opinions

Justice ZAZZALI

delivered the opinion of the Court.

Plaintiffs, two sisters living in separate, federally-subsidized apartments, were regularly behind on their rent. Their missed rental payments prompted the filing of several summary dispossess actions seeking eviction. The summonses and complaints, prepared by the landlord’s attorneys, labeled the total amount due and owing — the actual monthly rental obligation, late charges, attorneys’ fees, and miscellaneous fees — as “rent.” The complaints did not advise plaintiffs that in order for them to avoid eviction, they were required to pay only the statutorily-defined rent rather than all amounts itemized in the pleadings. Therefore, under a mistaken belief concerning their obligations, plaintiffs regularly remitted amounts substantially exceeding the minimum needed to prevent eviction. They then filed suit, claiming that the law firm’s conduct violated the Fair Debt Collection Practices Act (FDCPA, the Act), 15 U.S.C.A. §§ 1692e & f. The trial court dismissed that claim against the law firm. The Appellate Division reversed, holding that law firms regularly engaged in summary dispossess proceedings are subject to the FDCPA’s strictures.

In this appeal, we must determine whether a law firm that regularly files summary dispossess actions for nonpayment of rent [215]*215may be considered a “debt collector” under the FDCPA, 15 U.S.C.A. §§ 1692 to 1692o. Based on the Act’s broad statutory language, we hold that a law firm that regularly files summary dispossess actions for nonpayment of rent is a “debt collector” under the FDCPA. Our holding furthers the congressional intent of eliminating abusive debt collection practices and provides low-income tenants with the essential protections to which they are entitled.

I.

Because this matter is before the Court following defendant’s successful motion for summary judgment, we review the facts in the light most favorable to plaintiffs, the non-moving party. See R. 4:46-2(c); Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540, 666 A.2d 146 (1995).

Plaintiffs, Renita Hodges (Renita) and Rochelle Hodges (Rochelle), are sisters who reside in separate apartments in Newark’s Sotnas Garden Apartments operated by defendant Sasil Corporation (Sasil). Their rent is subsidized by the United States Department of Housing and Urban Development, commonly referred to as Section 8 rental assistance, 42 U.S.C.A § 1437f. Each plaintiffs rental obligation is defined by federal law as thirty percent of her adjusted monthly household income. 42 U.S.C.A. § 1437a(a)(l); 24 C.F.R. § 5.601 (2001).

Plaintiffs signed identical rental agreements requiring monthly payment of rent for the use of their respective apartments. Although the lease agreements are somewhat unclear, they define “additional rent” as all late charges, reasonable attorneys’ fees, and court costs incurred by Sasil as a result of plaintiffs’ failure to comply with the agreements. The leases empower Sasil to terminate the agreements for the “non-payment of rent,” but not “for failure to pay late charges.”

Plaintiffs were regularly in arrears on rent, and thus accrued late charges, attorneys’ fees, and court costs under their [216]*216leases. Consequently, Sasil’s attorneys, Feinstein, Raiss, Kelin & Booker, L.L.C. (Feinstein), a law firm that represents property owners and management companies in summary dispossess proceedings, filed actions seeking plaintiffs’ eviction or, alternatively, payment of “rent.” Those complaints enumerated all rent, late charges, attorneys’ fees, and miscellaneous fees as “rent” owed by plaintiffs. However, in summary dispossess litigation, a landlord may not recover late charges, attorneys’ fees, and miscellaneous fees against Section 8 tenants, such as plaintiffs, and, as Feinstein acknowledges, the failure to pay those charges and fees cannot serve as a basis for eviction. See Hous. Auth. & Urban Redevelopment Agency of Atl. City v. Taylor, 171 N.J. 580, 594, 796 A.2d 193 (2002) (holding that federal law prohibits collection of “additional rent” in summary dispossess proceeding from defaulting public housing tenant). The complaints itemized all amounts due and owing, but labeled the total due as “rent.” The complaints did not inform plaintiffs that they were required to pay only the statutorily-defined rent to avoid eviction.

With the above as background, we now consider the specific circumstances concerning each plaintiff that gave rise to this dispute.

Renita Hodges

During the relevant period, Renita lived in her apartment with five children. Her sole income was a $424 monthly welfare payment. Her monthly rent, payable to Sasil, was $55. In October 2003, Feinstein, on Sasil’s behalf, sent Renita a “Notice of Termination — Non-payment of Rent” informing plaintiff that her lease would be terminated for “failure to pay rent.” The notice stated that Renita owed $251, itemized as $91 for rent, $120 in late fees, and $40 in “AC,” which is not defined. Shortly thereafter, Feinstein filed, on Sasil’s behalf, a summons and complaint against Renita for nonpayment of rent. The summons read: “The purpose of the attached complaint is to permanently remove you and your belongings from the premises.” Further, the summons [217]*217prominently stated that “back rent” of $460 was owed. Itemizing the amounts owed, the complaint declared: “There is due, unpaid and owing ... $460.00 for rent____” The $460 debt was composed of the $251 itemized in the notice of termination, plus an additional $30 late fee and $179 in legal fees. Although Renita was statutorily required to pay only her monthly back rent of $91, she nonetheless believed that because all itemized charges were categorized as “rent,” payment of the full $460 was required to stave off eviction. As a result, Renita paid Sasil $465, and Feinstein withdrew the complaint.

Renita received a second notice of termination for nonpayment of rent six months later, in April 2004, notifying her that she owed $140, consisting of $110 in rent and $30 in late fees. Rosalie Scheckel, a Feinstein associate, then filed a second summons and complaint against Renita claiming $359 in unpaid “rent,” based on $110 in rent, $60 in late fees, and $189 in legal fees. Renita, who was unrepresented, arrived at the courthouse for her trial date with $250, hoping to cure her arrears. Because she waited outside the courtroom in the area where landlords and tenants often settle their disputes informally, Renita missed her trial call, causing a judgment of possession to be entered against her. She then met with a Sasil representative and another Feinstein attorney outside the courtroom. Renita offered payment of $250, a sum that exceeded her then-due statutory rental obligation and was more than sufficient to prevent eviction. However, the Feinstein attorney and Sasil representative refused the offer, instead demanding a new total of $499 and writing “$499 includes June” at the top of the complaint. Feinstein disputes Renita’s allegations, contending that Renita never offered $250 to satisfy her arrears.

After a warrant of removal was issued, Renita filed an order to show cause seeking to set aside the judgment of possession.

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Cite This Page — Counsel Stack

Bluebook (online)
915 A.2d 1, 189 N.J. 210, 2007 N.J. LEXIS 24, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodges-v-sasil-corp-nj-2007.