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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

2,132 chars
We agree with Supreme Court that Local Law F § 2 is preempted by state law. To that end, the Code of the City of Albany § 30-327 requires a landlord seeking to evict a tenant to prove the additional element of "good cause," which grounds are enumerated in the Code of the City of Albany § 30-328. This additional element contravenes the statutory construction of RPAPL 711, which permits a landlord to seek eviction following the expiration of a tenant's lease or following a tenant's default on rent. By adding an element, the Code of the City of Albany §§ 30-327 and 30-328 "prohibit[ ] conduct specifically permitted by State law or impose[ ] restrictions on rights granted by the State" (Matter of Zorn v Howe, 276 AD2d at 55). Similarly, the Code of the City of Albany §§ 30-327 and 30-328 contradict Real Property Law § 228, as they require a landlord seeking to evict a tenant at will or by sufferance who has provided 30 days' notice to also establish good cause for the eviction. Further, the Code of the City of Albany § 30-328 interferes with a landlord's right to increase rent in compliance with Real Property Law § 226-c, as it imposes the additional requirement that a landlord must rebut a presumption that a rent increase of 5% or more is unconscionable. Therefore, despite defendants' good intentions, the Code of the City of Albany §§ 30-327 and 30-328 impose restrictions on rights granted to landlords by state law and, thus, Supreme Court properly declared those provisions nullified by conflict preemption (see Matter of City of Schenectady [Permaul], 201 AD3d 1, 11 [3d Dept 2021], lv dismissed & denied 38 NY3d 994 [2022]; compare Matter of Zorn v Howe, 276 AD2d at 56). Further, because nullifying the Code of the City of Albany §§ 30-327 and 30-328 leaves the remainder of Local Law F § 2 without meaning, Supreme Court properly nullified the entirety of Local Law F § 2 (see People v Viviani, 36 NY3d 564, 582 [2021]; compare Matter of City of Schenectady [Permaul], 201 AD3d at 12). Defendants' remaining challenges to the order on appeal regarding Local Law F § 2 are rendered academic by such finding.