Note: Diamond is the RTC's Best Friend: Federal Preemption and the Balance of the Term of Rent Regulated Leases in Resolution Trust Corporation v. Diamond

Authors

Daniel N. Zinman, Fordham University School of Law

Keywords

rent regulation, rent control, property

Abstract

This Note provides an overview of the New York City rent regulations and FIRREA and discusses their relevance to the Diamond decisions. Part III of this Note describes the reasons the RTC should be allowed to repudiate the tenancies, based on express and conflict preemption analyses. Part IV addresses the length of the balance of the term of a rent regulated lease. Part V concludes that the rent regulated leases may be repudiated by the RTC, that the balance of the term of a rent stabilized lease is theremaining time in the renewal period, and that more statutory guidance is needed to resolve what is the balance of the term of a rent controlled lease.

Recommended Citation

Daniel N. Zinman, Note: Diamond is the RTC's Best Friend: Federal Preemption and the Balance of the Term of Rent Regulated Leases in Resolution Trust Corporation v. Diamond, 22 Fordham Urb. L.J. 1295 (2011).
Available at: https://ir.lawnet.fordham.edu/ulj/vol22/iss4/17