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

22 N.E.3d 1012, 24 N.Y.3d 283
CourtNew York Court of Appeals
DecidedNovember 20, 2014
Docket180
StatusPublished
Cited by16 cases

This text of 22 N.E.3d 1012 (In the Matter of Mary Veronica Santiago-Monteverde v. John S. Pereira) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Matter of Mary Veronica Santiago-Monteverde v. John S. Pereira, 22 N.E.3d 1012, 24 N.Y.3d 283 (N.Y. 2014).

Opinions

OPINION OF THE COURT

Abdus-Salaam, J.

The United States Court of Appeals for the Second Circuit has certified a question to this Court which requires us to resolve the following issue: May a bankruptcy debtor’s interest in her rent-stabilized lease be exempted from her bankruptcy estate pursuant to New York State Debtor and Creditor Law § 282 (2) as a “local public assistance benefit?” We hold that section 282 (2) of the Debtor and Creditor Law exempts a debtor-tenant’s interest in a rent-stabilized lease.

L

The debtor Mary Santiago-Monteverde has lived in her apartment at 199 E. 7th Street in Manhattan for over 40 years. The apartment is rent-stabilized. After her husband died in June 2011, Santiago-Monteverde was unable to pay her credit card debts of approximately $23,000 and filed for Chapter 7 bankruptcy. During the pendency of the bankruptcy proceedings, she remained current on her rent obligations. She initially listed her apartment lease on schedule G of her bankruptcy petition as a standard unexpired lease. Shortly thereafter, the owner of the apartment approached the bankruptcy trustee, respondent John S. Pereira, and offered to buy Santiago-Monteverde’s interest in the lease. When the trustee advised her that he planned to accept the offer, she amended her filing to list the value of her lease on schedule B as personal property exempt from the bankruptcy estate under Debtor and Creditor Law § 282 (2) as a “local public assistance benefit.”

The Bankruptcy Court granted the trustee’s motion to strike the claimed exemption on the ground that the value of the lease did not qualify as an exempt “local public assistance benefit” (In re Santiago-Monteverde, 466 BR 621, 622 [SD NY 2012]). The court noted that Santiago-Monteverde’s counsel did not dispute “that a rent-stabilized lease is property of the estate and that the Trustee may ‘assume or reject any executory contract or unexpired lease of the debtor’ ” (id., citing 11 USC § 365). The court reasoned that “[the] benefit of paying below market rent ... is not a ‘public assistance benefit’ that is [288]*288entitled to any exemption in bankruptcy” and that the benefit “is a quirk of the regulatory scheme in the New York housing market, not an individual entitlement” (id. at 625).

The District Court affirmed the Bankruptcy Court (In re Santiago-Monteverde, 2012 WL 3966335, 2012 US Dist LEXIS 129481 [SD NY, Sept. 10, 2012, Castel, J., No. 12 Civ 4238(PKC)]), holding that “the value in securing a lawful termination of the rent-stabilized lease ... is a collateral consequence of the regulatory scheme and not a local public assistance benefit’ ” (2012 WL 3966335, *2, 2012 US Dist LEXIS 129481, *4).

On appeal to the Second Circuit, Santiago-Monteverde argued that “the lease (or its value) is a local public assistance benefit’ because the value of the lease (in whole or in part) is traceable to the protections afforded to her under the [Rent Stabilization Code]” (747 F3d 153, 157 [2d Cir 2014]). Recognizing that this argument raises an open issue of New York law, the Second Circuit certified the following question to this Court: “Whether a debtor-tenant possesses a property interest in the protected value of her rent-stabilized lease that may be exempted from her bankruptcy estate pursuant to New York State Debtor and Creditor Law Section 282(2) as a local public assistance benefit’?” (id. at 159).

IL

The Bankruptcy Code authorizes a bankruptcy trustee to “assume or reject any . . . unexpired lease of the debtor” (11 USC § 365 [a]). As was noted by the Second Circuit, there is limited case law from both New York courts and bankruptcy courts holding that a trustee’s authority under section 365 extends to rent-stabilized leases (see 187 Concourse Assoc. v Bunting, 175 Misc 2d 870 [Civ Ct, Bronx County 1997] and cases cited therein; see also In re Toledano, 299 BR 284, 292 [SD NY 2003]; In re Stein, 281 BR 845 [SD NY 2002]; In re Yasin, 179 BR 43, 49 [SD NY 1995]). In this case, the debtor’s counsel acknowledged at the hearing before the Bankruptcy Judge that a rent-stabilized lease is property of the estate and that the trustee had the power to assume the lease pursuant to section 365 (466 BR at 622).

Section 522 (b) of the Bankruptcy Code (11 USC) permits the debtor to exempt certain property from the bankruptcy estate, and section 522 (d) provides a list of property that may be exempt. However, the code also permits states to create their [289]*289own list of exemptions, and New York has done so. Debtor and Creditor Law § 282 sets forth the permissible exemptions in personal bankruptcy. Debtors domiciled in New York have the option of choosing either the federal exemptions or New York exemptions (11 USC § 522 [b]; Debtor and Creditor Law § 285). Debtor and Creditor Law § 282 (2), entitled “Bankruptcy exemption for right to receive benefits,” lists the following as exemptions:

“The debtor’s right to receive or the debtor’s interest in: (a) a social security benefit, unemployment compensation or a local public assistance benefit; (b) a veterans’ benefit; (c) a disability, illness, or unemployment benefit; (d) alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; and (e) all payments under a stock bonus, pension, profit sharing, or similar plan or contract on account of illness, disability, death, age, or length of service.”

When the rent-stabilization regulatory scheme is considered against the backdrop of the crucial role that it plays in the lives of New York residents, and the purpose and effect of the program, it is evident that a tenant’s rights under a rent-stabilized lease are a local public assistance benefit.

The legislature has concluded that rent stabilization is necessary to preserve affordable housing for low-income, working poor and middle class residents in New York City. As we said in Manocherian v Lenox Hill Hosp. (84 NY2d 385, 389 [1994]), “[t]he rent stabilization system began in 1969 to ameliorate, over time, the intractable housing emergency in the City of New York” due to a housing shortage which was caused by continued high demand and decreasing supply. We noted in Manocherian that “[b]y regulating rents and providing occupants with statutory rights to tenancy renewals under rent stabilization . . . the State intended to protect dwellers who could not compete in an overheated rental market, through no fault of their own” (id. at 389).

The New York City Administrative Code provides that the City Council “finds that a serious public emergency continues to exist in the housing of a considerable number of persons within the city of New York,” and that “unless residential rents and evictions continue to be regulated and controlled, disruptive practices and abnormal conditions will produce serious [290]*290threats to the public health, safety and general welfare” (Rent Stabilization Law of 1969 [Administrative Code of City of NY] § 26-501).

The rent-stabilization program has all of the characteristics of a local public assistance benefit. It is plainly local in that it depends on periodic determinations by local authorities as to the continuing existence of an emergency in the particular jurisdiction. The program is public as it was enacted by the New York Legislature and implemented by legislative and administrative bodies at both the state and local level.

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Bluebook (online)
22 N.E.3d 1012, 24 N.Y.3d 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-mary-veronica-santiago-monteverde-v-john-s-pereira-ny-2014.