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
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."
Steven Warren Smollens and Roland Godfrey Ottley agree with this answer
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. https://ag.ny.gov/press-release/2022/attorney-general-james-cracks-down-tenant-blacklisting
Look for another landlord.
Roland Godfrey Ottley agrees with this answer
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