Pinecrest Associates v. Smith

OPINION OF THE COURT

Memorandum.

Final judgment unanimously affirmed without costs.

We agree with the Justice Court’s conclusion that the occupancy restriction in tenant’s section 8 (new construction) lease was mandated by the Department of Housing and Urban *495Development pursuant to 24 CFR 880.606 (b) (1), which requires that such leases conform to the model lease in landlord’s approved final proposal, and thus that the restriction was not rendered unenforceable by Real Property Law § 235-f (2) (see Real Property Law § 235-f [8]; cf. Cuevas v Beacon Hous. Auth., 220 AD2d 179 [1996]). Although on…