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Court of Appeals Prohibits Section 8 Terminations

By Stewart E. Sterk
August 29, 2007

In Rosario v. Diagonal Realty, LLC (infra, p. 5), the Court of Appeals addressed an issue that has perplexed New York courts since Congress amended the section 8 housing program almost ten years ago: Can a landlord terminate its participation in the program at the expiration of a rent-stabilized lease? The Court of Appeals held that the rent stabilization code prohibits termination, and that federal law does not pre-empt the code.

Section 8 and Rent Stabilization

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