Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
Cert. Denied
Lower Court Opinion
Questions Presented
1. Whether the provisions of the RSL that prevent a property owner from regaining exclusive possession and control of her property after the expiration of a lease effect per se physical takings.
2. Whether, by mandating consideration of tenant ability to pay in setting maximum rents, the RSL forces a subset of owners “alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole,” and thereby effects a regulatory taking as Justices Scalia and O’Connor concluded in Pennell v. City of San Jose, 485 U.S. 1, 22 (1988).
Case Updates
Cert. petition denied
October 02, 2023
U.S. Chamber files amicus brief urging Supreme Court to grant review and hold that the onerous restrictions in New York’s Rent Stabilization Law constitute a per se or regulatory taking under the Fifth Amendment
June 09, 2023
Click here to view the Chamber's amicus brief.
William M. Jay and Benjamin Hayes of Goodwin Procter LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
Case Documents
- Lower Court Opinions -- Community Housing Improvement Program v. City of New York (U.S. Supreme Court)
- U.S. Chamber Amicus Brief -- Community Housing Improvement Program v. City of New York; 74 Pinehurst LLC v. New York (U.S. Supreme Court)