Consumer complaint received 2024-04-06
Product: Debt collection — Rental debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: FAIR COLLECTIONS & OUTSOURCING, INC. (NY)

The situation is that my apartment at the XXXX in XXXX, NY became uninhabitable on XX/XX/XXXX due to a cockroach infestation, which is in direct violation of the warranty of habitability. Management ( XXXX XXXX ) was unsuccessful in getting rid of the pests for over a month, despite them sending an exterminator, which I have video proof that he didn't actually do anything to treat the infestation. 

Long story short, I had to move out and have not been living in my apartment since. XXXX agreed to terminating my lease early due to uninhabitable and constructive eviction and I have been living somewhere else since XX/XX/XXXX. 

I had already paid the full rent for XXXX using XXXX XXXX XXXX XXXX on XXXX before I came back from holiday to discover that my apartment was still infested and uninhabitable. 
In XXXX it is legal to withhold rent due to the warranty of habitability so I was able to successfully dispute the rent of {$3000.00} with XXXX XXXX. I filed the claim with XXXX XXXX on XX/XX/XXXX and they reversed the XXXX rent charge on XX/XX/XXXX. 

The apartment was vacated on XX/XX/XXXX and I have signed a new lease and have been living somewhere else in a habitable apartment. 

Fast forward to XXXX, and the FCO ( Fair Collections & Outsourcing , Inc ) has opened a case number forwarding the XXXX rent balance that I successfully disputed with XXXX XXXX. I have already tried to dispute the debt directly with the collections agency forwarding the exact same email/claim I used to dispute the debt originally with XXXX XXXX XXXX however, they have verified the debt with XXXX XXXX XXXX XXXX showing a ledger on the account and not looking into the legalities behind tenant rights. I tried to call FCO to escalate the case and try to talk to someone about my legal rights, but they said at this point the only option I have is to have a lawyer write them a letter on my behalf before the end of XXXX or this will show up permanently on my credit score and they wont be able to delete it. I have over a 750 credit score and do not want to harm my credit so am wondering what my legal options are. Is there any way to enforce tenant laws to the FCO without having to spend thousands of dollars in legal fees, just to justify the law since the Warranty of Habitability is written into every single lease contract. 

I am willing to go to small claims to fight this, but not sure what that entails and if that is the best avenue for this since this is now a consumer debt issue as well as a tenant right issue. Can you please advise and help me. 

XXXX XXXX  Disputed Claim with XXXX XXXX sent on XX/XX/XXXX where they agreed I was not responsible for paying rent during this duration my apartment was uninhabitable and did in fact reverse the charge : I am including some claim details regarding my most recent rent payment on XX/XX/XXXX in the amount of {$3000.00}. My apartment has been uninhabitable since XX/XX/XXXX due to a cockroach infestation. I've had to move out and have not been living in my apartment since. I am also terminating my lease early due to uninhabitable and constructive eviction. In XXXX it is legal to withhold rent due to the warranty of habitability so I am trying to cancel my last rent payment. 

Tenants Laws Breached : Local Law XXXX of XXXX requires that owners of buildings with three or more apartments keep their tenants apartments free of mold and pest V. HABITABILITY AND REPAIRS Warranty of Habitability Under the warranty of habitability, tenants have the right to a livable, safe and sanitary apartment, a right that is implied in every written or oral residential lease. Any lease provision that waives this right is contrary to public policy and is therefore void. Examples of a breach of this warranty include the failure to provide heat or hot water on a regular basis, or the failure to rid an apartment of an insect infestation. The landlord will be responsible to refund any rent paid in advance, as well as any rent security held by the landlord ( XXXX XXXX XXXX XXXX ). 
I reported the infestation to management on XX/XX/XXXX when the cockroaches were first cited. I was patient for weeks allowing the exterminators to come and treat the apartment. I have proof ( video recording ) of the exterminator 's last visit when he claims to have thoroughly inspected and treated the apartment in which he is seen entering and leaving the apartment 90 seconds later. I have filed a 311 complaint and will be pursuing litigation in court if this is not resolved since legally I'm allowed to withhold rent if the apartment is uninhabitable. The only reason why I did not stop my rent payment scheduled for XXXX was because at that time I was under the assumption that the exterminator 's treatment worked and the apartment was pest free. However, discovered shortly after that it was not pest free and therefore uninhabitable. 

Please see below messages and evidence of the infested apartment : Photos/Video of infestation XXXX XXXX XXXX XXXXXXXXXXXX XXXX Exterminator 's " Thorough Inspection and Treatment '' : 21 seconds +60 seconds Notice to Vacate Attached If you need more information or would like to speak on the phone, my number is XXXX. Thank you! 

XXXX XXXX XXXX XXXX Response to the Disputed Claim on XX/XX/XXXX : XXXX  XXXX  here. We have reversed the charge from your XXXX XXXX