A potential precedent setting case against rent control is underway in New York. A Next City article takes an in-depth look at the legal argument made by landlords against the state of New York's new rent control law.
Jared Brey interrogates the legal case presented by landlords in New York in a lawsuit designed to overturn the state's new rent control law.
Here's the gist of the legal argument made by the plaintiffs:
In July, a group of landlords and landlord associations filed the suit [pdf], naming the City of New York and the Rent Guidelines Board as defendants. It’s a long complaint, well over 100 pages, and it attacks the rent stabilization laws from a number of angles. The arguments are aimed at the rent stabilization program as a whole, rather than just the expansions that were recently approved by the legislature. The laws violate due process, they argue. And, they say, by so severely restricting their use of the apartments, the laws amount to a “taking” of landlords’ property under the 5th Amendment.
Furthermore:
The takings argument turns on two concepts. One is that the laws are so onerous that they amount to a “physical taking” of private property by the government — like eminent domain but without any compensation. The other is that they add up to an “uncompensated regulatory taking,” because restricting the amount of rent that landlords can charge lowers the value of the property.
Brey speaks to trio of legal experts for insight about the potential for those arguments to prevail in court, encountering mostly skepticism. There is some agreement, however, that expanded rent control could lower the resale value of multi-family buildings.
FULL STORY: Is Rent Control a ‘Taking’ of Landlords’ Property?
Pennsylvania Mall Conversion Bill Passes House
If passed, the bill would promote the adaptive reuse of defunct commercial buildings.
World's Largest Wildlife Overpass In the Works in Los Angeles County
Caltrans will soon close half of the 101 Freeway in order to continue construction of the Wallis Annenberg Wildlife Crossing near Agoura Hills in Los Angeles County.
U.S. Supreme Court: California's Impact Fees May Violate Takings Clause
A California property owner took El Dorado County to state court after paying a traffic impact fee he felt was exorbitant. He lost in trial court, appellate court, and the California Supreme Court denied review. Then the U.S. Supreme Court acted.
Indy Bikeshare System Turns 10, Expands to E-Bikes
Pacers Bikeshare riders logged over 700,000 rides since the system launched in 2014.
Coming Soon to Ohio: The Largest Agrivoltaic Farm in the US
The ambitious 6,000-acre project will combine an 800-watt solar farm with crop and livestock production.
New York’s Deadliest Neighborhoods for Pedestrians
Pedestrian deaths rose last year, but remain below pre-2020 levels.
City of Costa Mesa
Licking County
Barrett Planning Group LLC
HUD's Office of Policy Development and Research
Mpact Transit + Community
HUD's Office of Policy Development and Research
Tufts University, Department of Urban and Environmental Policy & Planning
City of Universal City TX
ULI Northwest Arkansas
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.