Court: |
Southern District of NY |
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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). |
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Posture: |
Not known |
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Issue: |
Can they bump "statutory tenancies?" |
|
Holding: |
No. |
|
Rule: |
These people don't only have leases. |
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Reasoning: |
RTC can disavow leases, but
this is an occupancy right created by New York and independent
of any lease. |
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Dicta: |
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