Santiago-Monteverde v. Pereira (In re Santiago-Monteverde)

747 F.3d 153, 2014 WL 1272537
CourtCourt of Appeals for the Second Circuit
DecidedMarch 31, 2014
DocketNo. 12-4131-bk
StatusPublished
Cited by9 cases

This text of 747 F.3d 153 (Santiago-Monteverde v. Pereira (In re Santiago-Monteverde)) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Santiago-Monteverde v. Pereira (In re Santiago-Monteverde), 747 F.3d 153, 2014 WL 1272537 (2d Cir. 2014).

Opinion

BARRINGTON D. PARKER, JR., Circuit Judge:

In this appeal we consider whether the value inherent in a New York City tenant’s rent-stabilized lease as a consequence of the protections afforded by New York’s Rent Stabilization Code (“RSC”), N.Y. [155]*155Comp.Codes R. & Regs. tit. 9, §§ 2520.1 et seq., make the lease, or some portion of its value, exempt from the tenant’s bankruptcy estate as a “local public assistance benefit” within the meaning of New York Debt- or and Creditor Law (“DCL”) § 282(2). We conclude that the New York Court of Appeals is better positioned to resolve this unsettled issue of New York law and, consequently, we certify it to that Court.

I. BACKGROUND

At some point prior to the mid-1970’s, Debtor-Appellant, Mary Veronica Santiago-Monteverde, signed a lease with her husband for an apartment in lower Manhattan. Following the enactment of New York’s rent stabilization law in 1974, the apartment became rent-stabilized. The RSC “regulat[es] rents and provid[es] occupants with statutory rights to tenancy renewals” as well as occupancy and anti-eviction protections. Manocherian v. Lenox Hill Hosp., 84 N.Y.2d 385, 389, 618 N.Y.S.2d 857, 643 N.E.2d 479 (1994); see N.Y. Comp.Codes R. & Regs. tit. 9, §§ 2520.1 et seq.; N.Y.C. Admin. Code §§ 26-501 et seq. New York State law also authorizes municipalities to formulate and apply rent stabilization regulations and New York City has done so. N.Y. Unconsol. Law § 8605; N.Y.C. Admin. Code §§ 26-501 et seq.

After the death of her husband, Santiago-Monteverde experienced financial difficulties and eventually sought relief under Chapter 7 of the Bankruptcy Code. During the pendency of bankruptcy proceedings, she has continued to pay her rent and has remained current on her lease obligations. In her initial bankruptcy filing, she listed her apartment lease on Schedule G as a standard unexpired lease. Shortly thereafter, the owner of her apartment approached the Trustee-Appellee, John S. Pereira, and offered to buy Santiago-Mon-teverde’s interest in the lease. When Per-eira advised Santiago-Monteverde 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 DCL § 282(2) as a “local public assistance benefit.”

The Trustee moved to strike Santiago-Monteverde’s claim of exemption. The bankruptcy court granted the motion on the ground that the rent-stabilization program did not qualify as a “local public assistance benefit.” In re Santiago-Monteverde, 466 B.R. 621 (Bankr.S.D.N.Y. 2012). The bankruptcy court noted that “all of the items listed in section 282(2),” such as social security, disability, and unemployment benefits, “are payments of one sort or another that a debtor has the right to receive or in which the debtor has an interest.” Id. at 623-24. In contrast, the bankruptcy court concluded that the “benefit of paying below market rent ... is a quirk of the regulatory scheme in the New York housing market, not an individual entitlement” comparable to the other items in § 282(2). Id. at 625.

Santiago-Monteverde appealed to the district court. The district court affirmed the bankruptcy court. The district court concluded that it was “not necessary to reach the question of whether” the exempt benefits were limited only to payments to a debtor, because “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.’ ” In re Santiago-Monteverde, No. 12 Civ. 4238(PKC), 2012 WL 3966335, at *2 (S.D.N.Y. Sept. 10, 2012). The district court also adverted to the absence of any evidence that the legislature had “intended to confer upon the tenant a public assistance benefit consist[156]*156ing of the value of terminating the rent-stabilization regime.” Id.

Santiago-Monteverde appeals. Her principal contention is that the protections of the rent stabilization program, and the concomitant value created in her rent-stabilized lease, amount to a “local public assistance benefit” that is exempt from her bankruptcy estate.

II. DISCUSSION

“We exercise plenary review over a district court’s rulings in its capacity as an appellate court in bankruptcy, independently reviewing the bankruptcy court’s factual findings for clear error and its legal conclusions de novo.” In ve Quebecor World (USA) Inc., 719 F.3d 94, 97 (2d Cir.2013) (internal quotation marks omitted). Where the case requires us to interpret state law, “[w]e review the district court’s interpretation and application of state law de novo.” In re Thelen LLP, 736 F.3d 213, 219 (2d Cir.2013) (internal quotation marks omitted), certified question accepted 22 N.Y.3d 1017, 981 N.Y.S.2d 349, 4 N.E.3d 359 (2013).

Section 522(b) of the Bankruptcy Code permits the debtor to exempt certain specified property from the bankruptcy estate. CFCU Cmty. Credit Union v. Hayward, 552 F.3d 253, 258 (2d Cir.2009). Section 522(d) of the Code provides a list of categories of property that a debtor may exempt. However, the Code also permits states, if they choose, to create their own lists of exemptions as an alternative to the exemptions found in Section 522(d). “New York has ‘opted out’ of the federal exemption scheme, ... choosing instead to provide its own exclusive set of permissible exemptions for debtors domiciled in the state.” Id. Under New York law, a debtor may exempt, among other things, her “right to receive or ... interest in ... a social security benefit, unemployment compensation or a local public assistance benefit.” N.Y. Debt. & Cred. Law § 282(2) (emphasis added).

The question confronting us is whether the rent stabilization regime provides such a benefit. The New York Court of Appeals has explained that the rent stabilization program was created “to ameliorate, over time, the intractable housing emergency in the City of New York” by “protecting] dwellers who could not compete in an overheated rental market, through no fault of their own.” Manocherian, 84 N.Y.2d at 389, 618 N.Y.S.2d 857, 643 N.E.2d 479; see also id. (rent stabilization created “to remedy a persisting emergency housing shortage”).

The RSC “regulate[s] the two terms at the core of the landlord-tenant relationship: rent and duration.” Resolution Trust Corp. v. Diamond, 18 F.3d 111, 119 (2d Cir.1994), cert. granted, judgment vacated on other grounds sub nom., Solomon v. Resolution Trust Corp., 513 U.S. 801, 115 S.Ct. 43, 130 L.Ed.2d 5 (1994) and cert. granted, judgment vacated on other grounds sub nom., Pattullo v. Resolution Trust Corp., 513 U.S. 801

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Cite This Page — Counsel Stack

Bluebook (online)
747 F.3d 153, 2014 WL 1272537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santiago-monteverde-v-pereira-in-re-santiago-monteverde-ca2-2014.