Tenant Can't Challenge Eviction in Federal Court

Landlord sued to evict tenant in Brooklyn housing court. The court ruled for landlord, and tenant was evicted in 2009. Tenant then sued landlord and the housing court judge. The court ruled against tenant and dismissed the case. Only the federal government can bring charges under 18 USC Sections 241 and 242, the criminal statutes cited by tenant. In addition, because landlord-tenant matters are governed by state law, the federal court didn't have the authority to rule on the subject matter of tenant's claim. Also, tenant's landlord and the housing court judge were improper parties to tenant's constitutional claims, brought under 42 USC Section 1983. The judge was immune from this federal lawsuit, and landlord, as a private party, couldn't be sued under laws aimed at actions taken by government entities.

Barnave v. Newport Homes Inc.: Index No. 11CV0604, NYLJ No. 1202489939764 (EDNY; 4/7/11; Matsumoto, J)