Tenant Can't Challenge Eviction in Federal Court

October 10, 2013

LVT Number: #25070

Tenant sued new landlord in federal court after landlord started an eviction proceeding against her. The court dismissed the case. Any challenge tenant might have to her eviction arises under New York State law only and her remedy to challenge the eviction must be sought in state courts. Federal court has no jurisdiction over eviction proceedings or to intervene in a landlord-tenant relationship. Tenant's reliance on constitutional law was misplaced since only private parties were involved, not governmental entities.

Tenant sued new landlord in federal court after landlord started an eviction proceeding against her. The court dismissed the case. Any challenge tenant might have to her eviction arises under New York State law only and her remedy to challenge the eviction must be sought in state courts. Federal court has no jurisdiction over eviction proceedings or to intervene in a landlord-tenant relationship. Tenant's reliance on constitutional law was misplaced since only private parties were involved, not governmental entities.

Williams v. Bachu: Index Nos. 13 CV 4610-4611, 2013 WL 5366948 (EDNY; 9/24/13; Ross, DJ)

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