Tenant Can't Sue Landlord in Federal Court

Tenant sued landlord in federal court under 42 U.S. Code Section 1983, claiming that landlord and its managing agent violated his civil rights under the U.S. Constitution by abusive treatment. Landlord asked the court to dismiss the case, claiming that the federal court had no jurisdiction. The court ruled for landlord. Neither landlord nor its agent were government or public entities. They were private entities. Their only connection with the government was that landlord received federal Section 8 funds. This didn’t make them representatives of the government subject to a claim under Section 1983. The dispute between tenant and landlord essentially was a landlord-tenant matter that should be resolved in state court.

Hope v. St. Margaret House: No. 07 Civ. 4726 (12/8/08) (S.D.N.Y.; Sullivan, J)