Federal Court Can't Decide Tenant's Harassment Claim
LVT Number: #26304
Subsidized tenant in HUD housing sued landlord in federal court, claiming breach of covenant of quiet enjoyment and harassment. Landlord had sued to evict tenant for unauthorized subletting. That case was settled by an agreement that tenant was allowed to have a live-in caregiver. He also stipulated that his partner didn’t live in the apartment with him. In the federal lawsuit, tenant claimed that landlord was trying to force him from a two-bedroom into a one-bedroom apartment. Tenant also claimed that landlord’s refusal to allow his partner to act as his live-in aide violated HUD regulations. The court found that it didn’t have authority to rule on tenant’s claims and sent the case down to a state court.
Hiciano v. Tower West, Inc.: Index No. 15-CV-2117, NYLJ 1202729150140 (SDNY; 6/9/15; Furman, J)