Evicted Tenant Can't Sue Landlord in Federal Court

February 17, 2015

LVT Number: #25971

Former tenant sued landlord in federal court, claiming civil rights violations due to illegal eviction and that landlord took him to criminal court. Landlord asked the court to dismiss the case as frivolous. The court ruled for landlord. Landlord was a private entity that didn't act as an agent of the state. The fact that landlord may have had tenant charged with a misdemeanor in criminal court wasn't sufficient to establish state action. And a federal court has no authority to intervene in a landlord-tenant matter.

Former tenant sued landlord in federal court, claiming civil rights violations due to illegal eviction and that landlord took him to criminal court. Landlord asked the court to dismiss the case as frivolous. The court ruled for landlord. Landlord was a private entity that didn't act as an agent of the state. The fact that landlord may have had tenant charged with a misdemeanor in criminal court wasn't sufficient to establish state action. And a federal court has no authority to intervene in a landlord-tenant matter. The court dismissed the case but gave tenant 45 days to amend his vaguely worded court papers in case tenant had a claim that could be considered.

Manosh v. Lillian Cooper Apartments: NDNY; 1/23/15; Suddaby, DJ

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