Wednesday, April 25, 2012

Good news from Supreme Court for NYC renters - rent control stays in place

A lawsuit filed by property owner in New York City went against them at the US Supreme Court. The issue, whether NYC's rent stabilization law requiring landlords to accept rents that are below market value is an unconstitutional taking of property prohibited by the 5th Amendment to the Constitution. The court said it was not. As reported by the New York Times,
Tenants in nearly a million apartments subject to New York City’s rent regulations could breathe a sigh of relief on Monday. The United States Supreme Court, after indicating it might be interested in hearing a challenge to the regulations, decided to let them stand. As is customary when the court declines to hear a case, the justices gave no reasons. There were no published dissents. Perhaps one in a hundred petitions seeking review by the court is granted, meaning that the decision not to hear the case sent no larger message.
The suit did not directly challenge the rent control law, an older system that applies to far fewer tenants. The Harmons said that requiring them to accept below-market rents amounted to an unconstitutional taking of their property.
“We still believe that the Constitution does not allow the government to force us to take strangers into our home at our expense for life,” Mr. Harmon said in a statement issued after the court turned down the case on Monday. “Even our grandchildren have been barred from living with us. That is not our America.”
Obviously, New York City and State officials were delighted with the outcome. Renters vote, too, you know.

Read the full article here.

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