DIAMOND v. NEW YORK CITY HOUSING AUTH.

10810, 153312/18.

179 A.D.3d 525 (2020)

118 N.Y.S.3d 77

2020 NY Slip Op 00376

A'Seelah Diamond et al., Appellants, v. New York City Housing Authority et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 21, 2020.


Unless Congress manifestly and clearly intends to preempt the States' exercise of jurisdiction over matters relating to the welfare of their citizens under the Supremacy Clause of article VI of the Constitution, the States' police powers are not superseded by federal law. A federal law can preempt a State or local law in three ways: (1) by an express provision in the federal statute; (2) by inference, where the federal scheme is so pervasive and the character and obligations...

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