If Supreme Court nixes NYC rent control, tenants AND landlords would be better off

The New York Post ^ | 08/27/2023 | Editorial Board

[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.

***

[newfreep]

Roberts is a Constitutionalist.

[gibsonguy]

“Roberts is a Constitutionalist“

Only when it suits him. Declaring Obongo care constitutional is proof of that. The pretzel logic used for that was preposterous. I am comfortable with my bet.

[zeugma]

Sure would be nice if the ‘reporters’ would bother to make note of the case name. I’d like to read through the oral arguments for this. One would think the case name would be the minimum of what is reported in a story like this.

[gibsonguy]

Correct, Roberts does not set the docket but being Chief Justice he has more sway than the others. It does seem the wrong venue but l would be surprised if rent control was never taken to the NY SC.