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If Supreme Court nixes NYC rent control, tenants AND landlords would be better off
The New York Post ^ | 08/27/2023 | Editorial Board

Posted on 08/27/2023 8:00:21 PM PDT by thegagline

In a case that promises to utterly upend New York politics — and boost the city’s housing market — the Supreme Court may soon strike down the essence of the rent-control laws.

*** New York landlord groups asked the court to hear their challenge to the state Rent Stabilization Law, which lets the city cap rent hikes and gives tenants a virtually ironclad right to renew their leases.

It’s led to some people renting the same unit for decades — and then passing it to a family member, *** *** In many cases, building “owners” never regain control over those units, even if they want them for their own families or other purposes.

And that, the suit contends, amounts to an unconstitutional “taking” of property, in violation of the Fifth Amendment.

For years, few would’ve imagined the law — which dates to 1969 — could be overturned, even though it forces landlords alone to eat the cost for a public good (affordable housing) and essentially deprives them of their own property. *** In 2021, by 6-3 they struck down a decades-old California rule that forced farms to let union organizers on their land, noting that private owners have a right to exclude people from their property.

That, argue the New York plaintiffs, is a far less intrusive “taking” than New York telling a landlord he or she must offer lease-renewal at a city-dictated rent. The Rent Stabilization Law, they argue, has had a “detrimental effect on owners and tenants alike and has been stifling New York City’s housing market for more than half a century.”

***

Tens of thousands of units go vacant because landlords can’t earn back enough to bring the units up to code.

The Supremes will decide as soon as Sept. 26 whether to hear the case.

***

(Excerpt) Read more at nypost.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: constitution; government; nyc; rent; rentcontrol
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If the Supreme Court strikes down rent control as a violation of the 5th Amendment (taking clause/due process), which it should, there will be riots in the streets. Never get between the entitlement crowd and “their” stuff.*

* I’m not suggesting that all or even most who live in rent controlled housing are entitled, but enough of them are to do some serious damage.

1 posted on 08/27/2023 8:00:21 PM PDT by thegagline
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To: thegagline

It’s another form of price control, albeit in the real estate market. When you cap the price of a good or service, shortages always happen. And then the landlords simply let their properties rot.


2 posted on 08/27/2023 8:07:37 PM PDT by Extremely Extreme Extremist
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To: thegagline

Reading the first lines I was going to say “Hey, they’re New Yorkers, they can always riot.” But you already said it.


3 posted on 08/27/2023 8:08:01 PM PDT by frank ballenger (You have summoned up a thundercloud. You're gonna hear from me. Anthem by Leonard Cohen)
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To: thegagline

Between the illegals, the crime and and the morons who run NYC, doing away with rent control would set the city on fire.

I can’t wait to see what happens.


4 posted on 08/27/2023 8:09:56 PM PDT by CaptainK ("If life's really hard, at least its short")
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To: nutmeg

.


5 posted on 08/27/2023 8:10:27 PM PDT by nutmeg
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To: frank ballenger

I am convinced the Supremes will hear this and overturn it. This is just the kind of administrative overreach that the 6 conservatives detest. Prediction!


6 posted on 08/27/2023 8:11:14 PM PDT by nwrep
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To: thegagline
The Supremes will decide as soon as Sept. 26 whether to hear the case.

If the insanity was stopped, decent housing would come back to New York...

7 posted on 08/27/2023 8:14:51 PM PDT by GOPJ (Hunter Biden’s pet name for his father on his cellphone. It was “Pedo Peter”. Jim Hoft )
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To: nwrep

And exactly who are these SIX conservatives on that court?


8 posted on 08/27/2023 8:18:02 PM PDT by ladyjane
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To: nwrep

I won’t argue, Carnac.
I mean, nwrep.


9 posted on 08/27/2023 8:20:52 PM PDT by frank ballenger (You have summoned up a thundercloud. You're gonna hear from me. Anthem by Leonard Cohen)
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To: thegagline

If they kill rent control, the city will burn.


10 posted on 08/27/2023 8:25:17 PM PDT by Windcatcher (Time to fly the black flag -- one of no quarter for Marxists.)
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To: nwrep

I’ll take that bet. I say the SC won’t take it. With as Roberts as Chief l don’t see them willing to toss a state law that has been in place in one form or another for many years. If one of the actual conservatives was Chief maybe but not Roberts.


11 posted on 08/27/2023 8:28:17 PM PDT by gibsonguy ( )
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To: gibsonguy

Roberts is a Constitutionalist. He is not a right wing rubber stamp. This law conflicts with his philosophy.


12 posted on 08/27/2023 8:35:11 PM PDT by nwrep
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To: thegagline

The government might be a few years too early on rent control in relation to the Replacement Americans they’ve been bringing in.


13 posted on 08/27/2023 8:54:28 PM PDT by T.B. Yoits
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To: thegagline

Which is why it will never be allowed to happen.


14 posted on 08/27/2023 9:14:44 PM PDT by TBP (Decent people cannot fathom the amoral cruelty of the Biden regime.)
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To: nwrep

Sonia Sotomayor is assigned the Second Circuit.


15 posted on 08/27/2023 10:29:55 PM PDT by Do_Tar (I wish I was kidding.)
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To: thegagline

They will have to phase it in to avoid extreme results. There are 1 million apartments affected, so 2-3 million people. Give them time to find another place to live, outside the city probably.


16 posted on 08/27/2023 10:37:29 PM PDT by firebrand
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To: gibsonguy

Robert’s doesn’t set the docket I believe it takes four justices to grant cert. this case will be heard but the law will be allowed to stand because it’s the wrong venue. It should be referred to New York Supreme Court. This is not a federal issue. I think those who returned roe to the states will join the three libs who will vote on the politics not the constitution

It could be 9-0 upholding the law but with two different opinions


17 posted on 08/27/2023 11:15:13 PM PDT by gas_dr (Conditions of Socratic debate: Intelligence, Candor, and Good Will)
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To: thegagline
The District Court for the Eastern District of New York dismissed the case on Federal Rules of Civil Procedure 12(b)(6)

(6) failure to state a claim upon which relief can be granted;

The Circuit Court upheld the District Court.

https://s3.documentcloud.org/documents/23601377/chip-v-nyc-rent-stabilization-2nd-circuit-opinion-2-6-2023.pdf

CHIP v NYC, 20-3366 (2nd Cir, 6 Feb 2023)

COMMUNITY HOUSING IMPROVEMENT PROGRAM; RENT STABILIZATION ASSOCIATION OF N.Y.C., INC.; CONSTANCE NUGENTMILLER; MYACK ASSOCIATES, LLC; VERMYCK LLC; M&G MYACK LLC; CINDY REALTY LLC; DANIELLE REALTY LLC; FOREST REALTY, LLC,
Plaintiffs-Appellants,

NEW YORK TENANTS AND NEIGHBORS; COMMUNITY VOICES HEARD; COALITION FOR THE HOMELESS,
Intervenors,

v.

CITY OF NEW YORK; RENT GUIDELINES BOARD, DAVID REISS, ARPIT GUPTA, ALEX SCHWARZ, CHRISTIAN GONZALEZ-RIVERA, CHRISTINA DEROSE, ROBERT EHRLICH, CHRISTINA SMYTH, SHEILA GARCIA, ADÁN SOLTREN,*
Defendants-Appellees.

18 posted on 08/28/2023 12:18:45 AM PDT by woodpusher
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To: CaptainK

Heh- grab the popcorn!!!

“Most significantly, the benefits of controlled rents are poorly targeted, allowing high-income tenants to enjoy below-market rents, without assurances that low-income individuals will realize any benefits. Rent control abuses in New York City are legendary. Luminaries such as Carly Simon, Mia Farrow, Ed Koch and Ted Sorenson, to name a few, inhabited rent-controlled apartments. Former U.S. Rep. Charles Rangel of New York occupied three adjacent rent-stabilized luxury apartments as his living quarters, while using a fourth as a campaign office.”

https://bankerandtradesman.com/rent-control-has-a-notorious-past-in-massachusetts/


19 posted on 08/28/2023 12:23:45 AM PDT by Cowgirl of Justice
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To: thegagline

This law actually goes back to the Second World War when rental stocks in NYC were overwhelmed by demand for housing. It is long past time to repeal this law and let the free market regulate the market.


20 posted on 08/28/2023 1:42:02 AM PDT by Jimmy Valentine (DemocRATS - when they speak, they lie; when they are silent, they are stealing the American Dreams)
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