Public Interest

Appeals Court Upholds New York Rent Regulations
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The federal appeals court on Monday upheld New York state’s decades-old rent regulation laws, which cover approximately 1 million apartments. The decision was delivered by a three-judge panel led by Judge Barrington D. Parker and unanimously rejected a challenge from landlords who wanted to free up their properties for market rates or other uses.

In their ruling, the judges pointed out that legislatures have broad authority to regulate land use without infringing on property rights under the Fifth Amendment. The law passed in 2019 made it significantly more difficult for landlords to evict tenants or raise the rent. However, they can still do so in specific scenarios, such as non-payment or lease violations.

Rent control was first established in response to a housing crisis caused by World War I and has been subject to multiple legal challenges from landlords over the years. However, this challenge argued that the new law constituted an unconstitutional taking of private property. Specifically, landlords were concerned about tenants being able to pass their apartments onto family members or others without the landlord’s consent, creating a “line of strangers” to which they had no say.

  
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The plaintiffs in the case were made up of local landlord groups and individual landlords who hope their efforts will be successful at the Supreme Court level. A spokeswoman for the plaintiffs said they are confident their work will ultimately result in “real and fair solutions for our nation’s housing challenges.”

The rent laws of New York state have been widely considered a success in providing stability to renters while also providing some measure of protection to landlords from extreme market fluctuations or other disruptive events. The court decision was welcomed by tenant advocates and housing activists who see the laws as an important way to protect against displacement and provide family stability. 

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New York rent regulation is upheld by appeals court





 

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