Federal Court Dismisses Tenant's Case Against Landlord, HPD, and Housing Court Judge
LVT Number: #32334
Tenant brought a lawsuit in federal court against his landlord, an HPD representative, another building tenant, an attorney from landlord's office, and the housing court judge who was presiding over a case by landlord against tenant in Bronx Housing Court. Tenant claimed that his rights were being violated in the housing court case and objected to various court orders there. Among other things, tenant claimed that the federal fair housing enforcement rules were violated and that the HPD representative discriminated against him in housing because of his race, the federal court considered whether tenant had alleged enough to warrant pursuing a claim in federal court. Ultimately, the court dismissed the case. Tenant couldn't bring a claim under 42 U.S.C. Section 1983 against landlord, its attorney, or the other tenant because they were private parties. The housing court judge was entitled to absolute immunity for his actions. And tenant failed to raise any plausible Section 1983 claim against the HPD rep. Tenant also didn't raise any additional facts suggesting an FHA claim, although the court gave him a chance to do so. The federal court didn't have jurisdiction over tenant's claims.
Belmar v. G&M Realty: 22-CV-1576, 2022 U.S. Dist. LEXIS 185936, 2022 WL 6772364 (SDNY; 10/11/22; Swain, J)