Tenant Can't Challenge Eviction in Federal Court

April 15, 2013

LVT Number: #24731

Former tenant sued landlord, a city marshal, an administrative judge, and a court clerk in federal court after he was evicted following a landlord-tenant summary proceeding in housing court. Tenant claimed various violations of federal laws, as well as a violation of due process under the U.S. Constitution. The court ruled against tenant and dismissed the case. Tenant's claims had been fully heard in the housing court proceeding and subsequent appeal in state court. The federal court didn't have jurisdiction to hear a claim that belonged in landlord-tenant court.

Former tenant sued landlord, a city marshal, an administrative judge, and a court clerk in federal court after he was evicted following a landlord-tenant summary proceeding in housing court. Tenant claimed various violations of federal laws, as well as a violation of due process under the U.S. Constitution. The court ruled against tenant and dismissed the case. Tenant's claims had been fully heard in the housing court proceeding and subsequent appeal in state court. The federal court didn't have jurisdiction to hear a claim that belonged in landlord-tenant court. The court noted that many other courts had found that Real Property Actions and Proceedings Law Section 749, which tenant challenged, was constitutional.

Sasmor v. Powell: Index No. 11-CV-4645, 2013 WL 1335838 (EDNY; 3/31/13; Matsumoto, DJ)

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