Occupant Can't Stop Eviction Proceeding in Federal Court

LVT Number: #26027

A family member claiming succession rights sued landlord NYCHA in federal court, in connection with a pending eviction proceeding commenced by NYCHA against him. The family member claimed that he had been named on an initial lease for the apartment but then removed from the lease by landlord without due process of law. He also said that NYCHA didn't give him an application for succession rights and didn't give him a written denial of his request. The housing court ruled that he must vacate by Sept.

A family member claiming succession rights sued landlord NYCHA in federal court, in connection with a pending eviction proceeding commenced by NYCHA against him. The family member claimed that he had been named on an initial lease for the apartment but then removed from the lease by landlord without due process of law. He also said that NYCHA didn't give him an application for succession rights and didn't give him a written denial of his request. The housing court ruled that he must vacate by Sept. 22, 2014, and the family member asked the federal court to stay the eviction proceedings while it considered his constitutional claims. The court ruled against the family member. His claim was conclusory and unsupported by any facts. It also appeared that this was simply an attempt to contest a wrongful eviction. Federal courts don't have jurisdiction over eviction actions started in state courts or other landlord-tenant matters.

Haynie v. NYCHA: Index No. 14-CV-5633 (CBA), 2105 WL 502229 (EDNY; 2/4/15; Amon, CJ)