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 ...
* 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.
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.
Reading the first lines I was going to say “Hey, they’re New Yorkers, they can always riot.” But you already said it.
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.
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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!
If the insanity was stopped, decent housing would come back to New York...
And exactly who are these SIX conservatives on that court?
I won’t argue, Carnac.
I mean, nwrep.
If they kill rent control, the city will burn.
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.
Roberts is a Constitutionalist. He is not a right wing rubber stamp. This law conflicts with his philosophy.
The government might be a few years too early on rent control in relation to the Replacement Americans they’ve been bringing in.
Which is why it will never be allowed to happen.
Sonia Sotomayor is assigned the Second Circuit.
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.
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
(6) failure to state a claim upon which relief can be granted;
The Circuit Court upheld the District Court.
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.
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/
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.
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