Resolution Trust Corp. v. New York

1992

Court: Southern District of NY

Facts: Resolution Trust Corp is formed to deal with failing S&Ls. They wind up taking over a lot of apartment buildings. They need to sell them to get money, so they are supposed to get the max. This means they would like to evict rent-controlled folks (disaffirm rent-controlled leases).

Posture: Not known

Issue: Can they bump "statutory tenancies?"

Holding: No.

Rule: These people don't only have leases.

Reasoning: RTC can disavow leases, but this is an occupancy right created by New York and independent of any lease.

Dicta: