Tenant Can't Challenge Eviction in Federal Court

August 9, 2012

LVT Number: #24262

Landlord, who was tenant's mother, sued to evict tenant. Tenant claimed that landlord had transferred ownership of the apartment to him in 2009. The court ruled for landlord, and tenant was evicted in June 2012. Tenant then sued landlord, the judge who ruled on the case, and the marshal who evicted him in federal court. Tenant claimed that his constitutional rights were violated and that the judge and marshal acted improperly. The court dismissed the case. Federal court doesn't have jurisdiction over landlord-tenant matters.

Landlord, who was tenant's mother, sued to evict tenant. Tenant claimed that landlord had transferred ownership of the apartment to him in 2009. The court ruled for landlord, and tenant was evicted in June 2012. Tenant then sued landlord, the judge who ruled on the case, and the marshal who evicted him in federal court. Tenant claimed that his constitutional rights were violated and that the judge and marshal acted improperly. The court dismissed the case. Federal court doesn't have jurisdiction over landlord-tenant matters. And federal courts can't decide cases where someone challenges a decision made by a state court.

Jordan v. Levine: Index No. 12 CV 3527, 2012 WL 2921024 (EDNY; 7/17/12; Mauskopf, DJ)

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