SONIA ROSARIO et al., Respondents, et al., Plaintiffs,
v.
DIAGONAL REALTY, LLC, et al., Appellants, et al., Defendants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued May 31, 2007.
Decided July 2, 2007.
Attorney(s) appearing for the Case
Horing Welikson & Rosen, P.C., Williston Park (Richard T. Walsh and Niles C. Welikson of counsel), for appellant.
Legal Aid Society, New York City (Judith Goldiner, Steven Banks, Adriene Holder and Scott Rosenberg of counsel), for respondent.
Andrew M. Cuomo, Attorney General, New York City (Michelle Aronowitz, Barbara D. Underwood, Ann Zybert and Gary Connor of counsel), for New York State Division of Housing and Community Renewal, amicus curiae.
Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York City (Jeffrey R. Metz of counsel), for Rent Stabilization Association of New York City, Inc., amicus curiae.
South Brooklyn Legal Services, Inc., Brooklyn (John C. Gray and Edward Josephson of counsel), for Pratt Center for Community Development, amicus curiae.
Michael A. Cardozo, Corporation Counsel, New York City (Edward F.X. Hart and Jane L. Gordon of counsel), for New York City Council and others, amici curiae.
Cadwalader, Wickersham & Taft LLP, New York City (Harry P. Cohen, Stacey A. Lara and Ryan J. Andreoli of counsel), and Susan A. Silverstein, Washington, D.C., for AARP Foundation Litigation, amicus curiae.
Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur.
Court of Appeals of the State of New York.
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...
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