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State Court Hands Down Disappointing Preemption Ruling

This NHLP Housing Law Bulletin article from Nov-Dec. 2008 summarizes a case in which a New York state appellate court invalidated a New York City local preservation law that gives tenants the first right to purchase a building in which an owner is opting out of a project-based Section 8 contract. The court based its decision on an improper analysis of federal preemption law. While this decision sets back the New York City preservation law, its reach need not extend further than New York State and should be limited for reasons further discussed in the article.

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