Legal Opinion
Rosario v. Diagonal Realty, LLC
New York Court of Appeals
Decided July 2, 2007PublishedCited by 31 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Pigott, J.
We hold that a landlord’s determination to accept federal “Section 8” rent subsidy payments is a “term and condition” of a lease executed with a rent-stabilized tenant, within the meaning of Rent Stabilization Code (9 NYCRR) § 2522.5 (g) (1), so that a renewal lease must continue with that term and condition. Moreover, 42 USC § 1437f (d) (1) (B) (ii) does not preempt a rent-stabilized tenant’s right to a renewal lease that includes the landlord’s acceptance of a Section 8 subsidy.
Respondent Sonia Rosario has lived in a rent-stabilized apartment in New York City,…
2Cases cited6 opinions
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
- California Federal Savings & Loan Ass'n v. GuerraSupreme Court of the United States · 1987
- Barnett Bank of Marion County, N. A. v. NelsonSupreme Court of the United States · 1996
- Guice v. Charles Schwab & Co.New York Court of Appeals · 1996
- Drattel v. Toyota Motor Corp.New York Court of Appeals · 1998
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- People v. Applied Card Systems, Inc.New York Court of Appeals · 2008
- Chateau Foghorn LP v. HosfordCourt of Appeals of Maryland · 2017
- Montgomery County v. Glenmont Hills Associates Privacy WorldCourt of Appeals of Maryland · 2007
- Claim of Amoah v. Mallah Management, LLCAppellate Division of the Supreme Court of the State of New York · 2008
- Indigo Real Estate Services, Inc. v. WadsworthCourt of Appeals of Washington · 2012
26 more not listed; retrieve them via the Exa API.