Supreme Court Won't Consider Challenge to Rent Stabilization Law

May 12, 2012

LVT Number: #24092

Landlords of a six-unit Manhattan building containing three rent-stabilized apartments sued in federal court to challenge New York's 1969 rent-stabilization law. They claimed that the law, which was intended to respond to a housing shortage, was an unconstitutional taking of their property. The Southern District dismissed the case in 2008, and the Second Circuit denied landlords' appeal in 2011. The court found that since the law didn't result in a permanent physical occupation of the building, there was no unconstitutional taking.

Landlords of a six-unit Manhattan building containing three rent-stabilized apartments sued in federal court to challenge New York's 1969 rent-stabilization law. They claimed that the law, which was intended to respond to a housing shortage, was an unconstitutional taking of their property. The Southern District dismissed the case in 2008, and the Second Circuit denied landlords' appeal in 2011. The court found that since the law didn't result in a permanent physical occupation of the building, there was no unconstitutional taking. Landlord then asked the United States Supreme Court to consider the case. The Supreme Court decided not to consider any further appeal.

Harmon v. Kimmel: Docket No. 11-496 (USSC; 4/23/12)

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