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In the Matter of Mary Veronica Santiago-Monteverde. Mary Veronica Santiago-Monteverde, Appellant,v.John S. Pereira,, Respondent.

Brief

49 Cited authorities

  1. Butner v. United States

    440 U.S. 48 (1979)   Cited 4,384 times   17 Legal Analyses
    Holding that, except where it specifically overrides state law, the Bankruptcy Code enforces applicable property rights created by state law

  2. Law v. Siegel

    571 U.S. 415 (2014)   Cited 965 times   17 Legal Analyses
    Holding that a bankruptcy court cannot make additional funds available to defray administrative expenses by imposing an "equitable surcharge" on a debtor's homestead exemption

  3. Barnhill v. Johnson

    503 U.S. 393 (1992)   Cited 838 times   2 Legal Analyses
    Holding that a transfer is defined by federal law and, in the absence of federal law, property interests are "creatures of state law"

  4. Central Va. Comm. College v. Katz

    546 U.S. 356 (2006)   Cited 475 times   21 Legal Analyses
    Holding that "those who crafted the Bankruptcy Clause" understood it to "operat[e] free and clear of the State's claim of sovereign immunity"

  5. Clark v. Rameker

    573 U.S. 122 (2014)   Cited 162 times   5 Legal Analyses
    Holding that inherited funds from parent's IRA were not "retirement funds" under 11 U.S.C. § 522, in part because they were distributed

  6. Pierson v. City of New York

    56 N.Y.2d 950 (N.Y. 1982)   Cited 448 times
    Holding that a court may not grant a late notice of claim under the Gen. Mun. Law after the Statute of Limitations has expired

  7. Thornton v. Baron

    5 N.Y.3d 175 (N.Y. 2005)   Cited 202 times
    Finding that tenants alleging rent overcharge may evaluate documents exceeding four-year statute of limitations implemented by RSC § 26-516 to prevent landlord's fraud

  8. Murphy v. N.Y. State Div. of Hous. & Cmty. Renewal

    2013 N.Y. Slip Op. 6727 (N.Y. 2013)   Cited 117 times
    In Murphy, unlike here, the applicant provided "ample evidence" in support of his succession application reflecting residence in the apartment during the qualifying period (id. at 655, 977 N.Y.S.2d 161, 999 N.E.2d 524).

  9. Braschi v. Stahl Assocs. Co.

    74 N.Y.2d 201 (N.Y. 1989)   Cited 221 times
    Holding that, for purposes of rent regulation, gay couple was a "family"

  10. Riverside Syndicate v. Munroe

    2008 N.Y. Slip Op. 1028 (N.Y. 2008)   Cited 64 times
    Noting that the six-year statute of limitations for contract actions "does not make an agreement that was void at its inception valid by the mere passage of time"

  11. Section 541 - Property of the estate

    11 U.S.C. § 541   Cited 14,367 times   73 Legal Analyses
    Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"

  12. Section 522 - Exemptions

    11 U.S.C. § 522   Cited 10,256 times   36 Legal Analyses
    Granting debtor power to avoid judicial lien that impairs exemption

  13. Section 363 - Use, sale, or lease of property

    11 U.S.C. § 363   Cited 7,081 times   155 Legal Analyses
    Granting trustee authority, after notice and hearing, to sell property of estate

  14. Section 365 - Executory contracts and unexpired leases

    11 U.S.C. § 365   Cited 5,692 times   201 Legal Analyses
    Providing that a trustee may choose to either "assume or reject" certain contracts with the court's approval

  15. Section 704 - Duties of trustee

    11 U.S.C. § 704   Cited 2,667 times   11 Legal Analyses
    Holding one of the trustee's duties is to "investigate the financial affairs of the debtor"

  16. Section 323 - Role and capacity of trustee

    11 U.S.C. § 323   Cited 1,266 times   3 Legal Analyses
    Stating trustee is representative of estate, with capacity to sue and be sued

  17. Section 2526.1 - Determination of legal regulated rents; penalties; fines; assessment of costs; attorney's fees; rent credits; where the proceeding is commenced prior to June 14, 2019

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2526.1   Cited 137 times
    Setting forth sanctions for rent overcharges

  18. Section 2523.5 - Notice for renewal of lease and renewal procedure

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2523.5   Cited 125 times
    Providing that the landlord must notify the tenant named in the expiring lease "not more than 150 days and not less than 90 days prior to the end of the tenant's lease term . . . and offer to renew the lease . . ."

  19. Section 2522.4 - Adjustment of legal regulated rent

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2522.4   Cited 123 times

    (a) Individual Apartment Improvements. (1) Increase in space, new equipment, new furniture or furnishings; and other adjustments. (2) An owner is entitled to a temporary rent increase where there has been a reasonable and verifiable modification, other than an increase for which an adjustment may be claimed pursuant to subdivision (b) of this section, of dwelling space, installation of new equipment or improvements, or new furniture or furnishings, provided in or to the tenant's housing accommodation

  20. Section 2520.11 - Applicability

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2520.11   Cited 114 times
    Providing that cooperatives are exempt from regulation under the RSL “so long as they maintain [cooperative] status”

  21. Section 2524.3 - Proceedings for eviction-wrongful acts of tenant

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2524.3   Cited 60 times

    Without the approval of the DHCR, an action or proceeding to recover possession of any housing accommodation may only be commenced after service of the notice required by section 2524.2 of this Part, upon one or more of the following grounds, wherein wrongful acts of the tenant are established as follows: (a) The tenant is violating a substantial obligation of his or her tenancy other than the obligation to surrender possession of such housing accommodation, and has failed to cure such violation

  22. Section 2520.13 - Waiver of benefit void

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2520.13   Cited 47 times

    An agreement by the tenant to waive the benefit of any provision of the RSL or this Code is void; provided, however, that based upon a negotiated settlement between the parties and with the approval of the DHCR, or a court of competent jurisdiction, or where a tenant is represented by counsel, a tenant may withdraw, with prejudice, any complaint pending before the DHCR. Such settlement shall be binding upon subsequent tenants. However, where the settlement encompasses surrender of occupancy by the

  23. Section 2524.4 - Grounds for refusal to renew lease, or in hotels, discontinuing a hotel tenancy, without order of the DHCR

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2524.4   Cited 46 times

    The owner shall not be required to offer a renewal lease to a tenant, or in hotels, to continue a hotel tenancy, and may commence an action or proceeding to recover possession in a court of competent jurisdiction, upon the expiration of the existing lease term, if any, after serving the tenant with a notice as required pursuant to section 2524.2 of this Part, only on one or more of the following grounds: (a) Occupancy by owner or member of owner's immediate family. (1) An owner who seeks to recover

  24. Section 2520.1 - Statutory authority

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2520.1   Cited 38 times

    This Subchapter is promulgated and adopted pursuant to the powers granted to the Division of Housing and Community Renewal. N.Y. Comp. Codes R. & Regs. Tit. 9 § 2520.1 Amended New York State Register November 8, 2023/Volume XLV, Issue 45, eff. 11/8/2023

  25. Section 2524.1 - Restrictions on removal of tenant

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2524.1   Cited 15 times

    (a) As long as the tenant continues to pay the rent to which the owner is entitled, no tenant shall be denied a renewal lease or be removed from any housing accommodation by action to evict or to recover possession, by exclusion from possession, or otherwise, nor shall any person attempt such removal or exclusion from possession, except on one or more of the grounds specified in this Code. (b) It shall be unlawful for any person to remove or attempt to remove any tenant from any housing accommodation

  26. Section 2525.5 - Harassment

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2525.5   Cited 11 times

    It shall be unlawful for any owner or any person acting on his or her behalf, directly or indirectly, to engage in any course of conduct (including but not limited to interruption or discontinuance of required services, or illegal discontinuance of a current tenant's preferential rent, or unwarranted or baseless court proceedings, or filing of false documents with or making false statements to DHCR) which interferes with, or disturbs, or is intended to interfere with or disturb, the privacy, comfort