NEW YORK CITY—Community Housing Improvement Program, the Rent Stabilization Association of NYC and individual property owners filed a lawsuit in federal court to reverse the rent control and tenant protection laws passed by the state legislature and signed into law by Governor Andrew M. Cuomo last month.
New York Law Journal reporter Dan M. Clark explains the case. The complaint asserts the new laws are unconstitutional. It alleges the laws violate the Due Process Clause of both low-income populations as well as landlords and building owners. It also claims violations of the Taking Clause of the Fifth Amendment that requires compensation when property is taken for public use.
The plaintiffs assert that the rent control laws prevent landlords from doing what they want with their property without receiving a benefit. It also says when landlords cannot pass onto tenants the costs of certain improvements, this is burden—amounting to taking property without compensation.
Read Clark's full article in GlobeSt.com's sister publication, the New York Law Journal.
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Betsy Kim
Betsy Kim was the bureau chief, East Coast, and New York City reporter for Real Estate Forum and GlobeSt.com. As a lawyer and journalist, Betsy has worked as the director of editorial and content for LexisNexis Lawyers.com, a TV/multi-media journalist for NBC and CBS affiliated TV stations in the Midwest, and an associate producer at Court TV.
