In this appeal we consider whether the value inherent in a New York City tenant’s rent‐stabilized lease as a consequence of the protections afforded by New York’s Rent Stabilization Code (“RSC”), N.Y. Comp. Codes R. & Regs. tit. 9, §§ 2520.1 et seq., make the lease, or some portion of its value, exempt from the tenant’s bankruptcy estate as a “local public assistance benefit” within the meaning of New York Debtor and Creditor Law (“DCL”) § 282(2). We conclude that the New York Court of Appeals is better positioned to resolve this unsettled issue of New York law and, consequently, we certify it to that Court.
At some point prior to the mid‐1970’s, Debtor‐Appellant, Mary Veronica Santiago‐Monteverde, signed a lease with her husband for an apartment in lower Manhattan. Following the enactment of New York’s rent stabilization law in 1974, the apartment became rent‐stabilized. The RSC “regulat[es] rents and provid[es] occupants with statutory rights to tenancy renewals” as well as occupancy and anti‐eviction protections. Manocherian v. Lenox Hill Hosp., 84 N.Y.2d 385, 389 (1994); see N.Y. Comp. Codes R. & Regs. tit. 9, §§ 2520.1 et seq.; N.Y.C. Admin Code §§ 26‐501 et seq. New York State law also authorizes municipalities to formulate and apply rent stabilization regulations and New York City has done so. N.Y. Unconsol. Law § 8605; N.Y.C. Admin Code §§ 26‐501 et seq.
Judge(s): Barrington D. Parker, Jr.
Jurisdiction: U.S. Court of Appeals, Second Circuit
Related Categories: Property
|Circuit Court Judge(s)|
|Barrington Parker, Jr.|
|Trial Court Judge(s)|
|Amicus Lawyer(s)||Amicus Law Firm(s)|
|Carolyn Coffey||MFY Legal Services Inc|
|Ira Herman||Thompson & Knight LLP|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Kathleen Cully||Kathleen G. Cully PLLC|
|Ronald Mann||Kathleen G. Cully PLLC|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|John Campo||Troutman Sanders LLP|
|David Dantzler, Jr.||Troutman Sanders LLP|
|Eric Unis||Troutman Sanders LLP|