Brooklyn, NY asked in Landlord - Tenant for New York

Q: I was applying to a house to rent. Upon my denial of my application, I “had a history of being evicted” and I never was

Is that possible? And what could be the steps I take because I already terminated my job and current lease

Related Topics:
2 Lawyer Answers
Daniel Michael Luisi
Daniel Michael Luisi
  • Licensed in New York

A: New York Real Property Law Section 227-f provides as follows:

"No landlord of a residential premises shall refuse to rent or offer a lease to a potential tenant on the basis that the potential tenant was involved in a past or pending landlord tenant action or summary proceeding..."

So, yes, it would be illegal to deny your application on the basis of a prior eviction. However, enforcement power is granted solely to the New York Attorney General. Private parties may not bring an action in court against the landlord under this law. You may make a complaint to the Attorney General and the AG is authorized to apply to the court for "a judgment enjoining the continuance of such violation and a civil penalty of not less than five hundred dollars, but not more than one thousand dollars for each violation."

Roland Godfrey Ottley and Steven Warren Smollens agree with this answer

Steven Warren Smollens
Steven Warren Smollens
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Brooklyn Prospective Tenant:

Your landlord committed two unforgivable violations of State Law. One, your landlord relied illegally upon a tenant screening procedure that utilized Housing Court eviction lawsuit records. That is Illegal since 2019. Two, your landlord confused You, a person without a Housing Court record of prior lawsuits with another person with your name.

Make a formal legal complaint.

Look for another landlord.

Roland Godfrey Ottley agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.