Eviction Was Lawful

September 30, 2006

LVT Number: 19121

Landlord sued to evict tenant for nonpayment of rent. Tenant was a church pastor who rented the property for her ministry. The court ruled for landlord, and tenant was evicted. Tenant then sued the sheriff, claiming that she had obtained an order of delay of eviction, and that her eviction was racially motivated and violated her constitutional rights. The court ruled against tenant. There was no proof that tenant had gotten a delay of eviction from the court. She had never submitted the disputed rent to the court, as required for any delay.

Landlord sued to evict tenant for nonpayment of rent. Tenant was a church pastor who rented the property for her ministry. The court ruled for landlord, and tenant was evicted. Tenant then sued the sheriff, claiming that she had obtained an order of delay of eviction, and that her eviction was racially motivated and violated her constitutional rights. The court ruled against tenant. There was no proof that tenant had gotten a delay of eviction from the court. She had never submitted the disputed rent to the court, as required for any delay. The sheriff had evicted tenant under the terms of the court's order.

Maldonado v. New York County Sheriff: NYLJ, 9/18/06, p. 31, col. 1 (S.D.N.Y.; Koeltl, J)

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