Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Notre Dame Leasing, LLC v. Rosario, 2 N.Y. 459 (2004)

Citation
Notre Dame Leasing, LLC v. Rosario, 2 N.Y. 459 (2004)
Parent Document
Notre Dame Leasing, LLC v. Rosario, 2 N.Y. 459 (2004)
Jurisdiction
New York (state)
Effective Date
2004-05-11

Other Sections in This Document (40)

Full Text

873 chars
The unambiguous language of Social Services Law § 143-b (5) makes no mention of the public welfare official or agency. There is nothing in the provision requiring that the agency must act first to withhold rent on the tenant’s behalf. Thus, the plain language of the statute permits a tenant to invoke the Spiegel Law defense for nonpayment of rent, regardless of whether there has been a prior withholding of rent by the public welfare agency, here the New York City Human Resources Administration. Further, as this Court has previously noted, section 143-b is remedial in nature (see Matter of Farrell v Drew, 19 NY2d 486, 493-494 [1967]). As such, it must be liberally construed to accomplish its intended purpose (see Matter of New York County DES Litig., 89 NY2d 506, 514 [1997]). The statute should not be read to imply a restriction that does not appear on its face.