Tenant Can't Bring Landlord-Tenant Claims in Federal Court

February 8, 2012

LVT Number: #23917

Tenant sued HPD and some of its employees in federal court, claiming housing discrimination, rent overcharge, and false arrest. The court dismissed the case for the most part. First, any action against HPD was barred by the New York City Charter, which required tenant to sue the City of New York, not an individual agency. Tenant also didn't present any facts to warrant claims against the individual agency employees, although he was given permission to amend his complaint to do so. Tenant's housing discrimination claim was based on a claim of illegal rent overcharge.

Tenant sued HPD and some of its employees in federal court, claiming housing discrimination, rent overcharge, and false arrest. The court dismissed the case for the most part. First, any action against HPD was barred by the New York City Charter, which required tenant to sue the City of New York, not an individual agency. Tenant also didn't present any facts to warrant claims against the individual agency employees, although he was given permission to amend his complaint to do so. Tenant's housing discrimination claim was based on a claim of illegal rent overcharge. Since this was a landlord-tenant issue, tenant must pursue that claim in state, not federal, court.

Simon v. Kidera: Index No. 11-CV-6161, 2012 WL 34025 (EDNY; 1/4/12; Amon, CJ)

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