Tenant Can't Challenge Housing Court's Eviction Order

February 8, 2013

LVT Number: #24608

Tenant sued landlord in federal court and asked the court to stay the execution on an eviction warrant issued by the housing court. Tenant claimed that he was a member of the "sovereign citizen movement," which believed that individual Treasury accounts exist for each citizen and that these accounts may be drawn upon by way of various homemade financial instruments. Tenant had tried to pay rent arrears by giving landlord a homemade money order. The court ruled against tenant and dismissed the case. Federal courts don't have jurisdiction over landlord-tenant matters.

Tenant sued landlord in federal court and asked the court to stay the execution on an eviction warrant issued by the housing court. Tenant claimed that he was a member of the "sovereign citizen movement," which believed that individual Treasury accounts exist for each citizen and that these accounts may be drawn upon by way of various homemade financial instruments. Tenant had tried to pay rent arrears by giving landlord a homemade money order. The court ruled against tenant and dismissed the case. Federal courts don't have jurisdiction over landlord-tenant matters. In addition, tenant sought review of a state court judgment that was rendered before he started his federal court action. Only the U.S. Supreme Court could review appeals from final state court judgments. And tenant's fraudulent money order wasn't legitimate legal tender. Other courts have repeatedly rejected the sovereign citizen ideology upon which that belief is based. 

Williams v. 2720 Realty Co.: Index No. 12 Civ. 6408(BMC), 2013 WL 55685 (EDNY; 1/3/13; Cogan, DJ)

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