Tenants Can't Sue Landlord for Rental Dispute in Federal Court

April 10, 2013

LVT Number: #24701

Tenants sued landlord and real estate broker in federal court, claiming civil rights violations based on fraud. They paid a broker's commission and nearly one year's rent in advance but didn't sign a lease or get a receipt for the payment. They said the unit turned out to be an illegal third apartment in a two-family dwelling and was infested with red ants. Their dispute with landlord escalated after several months, and landlord called the police at one point. The court dismissed the case.

Tenants sued landlord and real estate broker in federal court, claiming civil rights violations based on fraud. They paid a broker's commission and nearly one year's rent in advance but didn't sign a lease or get a receipt for the payment. They said the unit turned out to be an illegal third apartment in a two-family dwelling and was infested with red ants. Their dispute with landlord escalated after several months, and landlord called the police at one point. The court dismissed the case. Since this basically was a landlord-tenant dispute, the federal court had no jurisdiction to rule on the questions raised.

Bankhead v. Maxx Real Estate Consultant Corp.: Index Nos. 13-CV-01221, 13-CV-01222, 2013 WL 1337400 (EDNY; 3/28/13; Garaufis, DJ)

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