Supreme Court Landlord Appeal Case Could Overturn Tenant Protections

The Supreme Court is considering whether to hear GHP Management v. City of Los Angeles, a case that challenges COVID-era eviction moratoriums as unconstitutional “takings” under the Fifth Amendment. If the Court agrees with the landlords, the decision could upend decades of precedent—particularly the 1992 Yee v. Escondido ruling—and open the door for widespread challenges to tenant protections like rent control, just-cause eviction laws, and anti-discrimination ordinances.

Landlords, backed by conservative legal groups like the Pacific Legal Foundation, are using the Court’s 2021 Cedar Pointdecision to argue that limits on evictions are a physical taking of property. Although courts have largely upheld tenant protections using Yee, recent split decisions from different federal appellate courts have positioned the issue for Supreme Court review.

If Yee is overturned, it could severely weaken tenant rights across the country, shifting the balance in favor of property rights. A coalition of California tenant advocacy organizations has stepped in to defend the Los Angeles ordinance and broader protections. The Court is expected to decide soon whether it will take the case.