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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Pusatere v. City of Albany, 185 N.Y.S.3d 350 (2023)

Citation
Pusatere v. City of Albany, 185 N.Y.S.3d 350 (2023)
Parent Document
Pusatere v. City of Albany, 185 N.Y.S.3d 350 (2023)
Jurisdiction
New York (state)
Effective Date
2023-03-02

Full Text

1,657 chars
Defendant Common Council of the City of Albany enacted City of Albany Local Law F of 2021 (hereinafter Local Law F) to address the negative impacts of no-cause eviction on public health. Local Law F § 1 added § 30-323 to the Code of the City of Albany, which requires landlords to present the most recent residential occupancy permit during an eviction proceeding. In addition, Local Law F § 2 added §§ 30-324 through 30-331 to the Code of the City of Albany, which require landlords to provide a good cause beyond the mere termination of a lease before they can evict a tenant. Plaintiffs, who are all landlords owning residential rental property within the boundaries of defendant City of Albany, commenced this action alleging, as relevant here, that Local Law F was preempted by conflict with various New York laws, including Real Property Law article 7 and RPAPL article 7, and seeking a judgment declaring Local Law F null and void. Plaintiffs further alleged that Local Law F was an invalid exercise of the City's police powers and municipal authority, a taking in violation of the US and NY Constitutions and a violation of the Contract Clause of the US Constitution. After defendants answered, plaintiffs moved for summary judgment declaring Local Law F null and void, and defendants cross-moved for summary judgment dismissing the complaint. Supreme Court found that the Code of the City of Albany §§ 30-327 and 30-328 were preempted by conflict with RPAPL 711 (1) and Real Property Law §§ 226-c and 228. Consequently, the court granted plaintiffs' motion, declared Local Law F null and void and denied defendants' cross-motion. Defendants appeal.