Federal Court Can't Consider Occupant's Case That Lacked Valid Discrimination Claim

A pro-se plaintiff, who claimed that he had occupied an apartment with tenant, sued landlord in federal court, after landlord refused occupant's request to transfer the lease into his name and changed the apartment locks so that occupant didn't have access. The occupant also claimed that landlord "laced his food," committed discrimination based on race, and that there was a federal question giving the court jurisdiction over his claim.

The court ruled against occupant and dismissed the case, without prejudice to occupant's right to bring a proper action in state court. Federal courts lack jurisdiction over landlord-tenant disputes and occupant failed to allege facts that were needed to support a discrimination claim under 42 USC Section 1983, or a housing discrimination claim under the Fair Housing Act. The court gave occupant 30 days to file an amended complaint in federal court so that it could consider whether occupant had any claim that could be considered in federal court.

Calixte v. Susan Ray Equities, Inc.: Index No. 21-CV-3623, 2022 U.S. Dist. LEXIS 6167, 2022 WL 118738 (EDNY; 1/12/22; Kovner, DJ)