Supreme Court of the United States · Official docket →
Community Housing Improvement Program, et al. v. City of New York, New York, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 20-3366 · judgment February 6, 2023
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a petition filed soon after the judgment below, and down for a state or local-government respondent.
Questions presented
New York’s Rent Stabilization Law (RSL) is the nation’s most stringent rental housing regulation, governing one million New York City apartments. It appropriates owners’ right to exclude and other property rights by, upon the expiration of a tenant’s lease, preventing owners from occupying their property, changing its use, or simply leaving it vacant. Absent unlawful acts, tenants and their broadly-defined “successors” are entitled to lease renewals in perpetuity. The RSL also imposes the public burden of providing affordable housing on a subset of rental property owners, by setting maximum rent levels based in part on tenant ability to pay. New York’s high court held that this subsidization scheme is a “public assistance benefit,” “conferred by the government” through regulations “applied to private owners of real property.” The Second Circuit affirmed dismissal of petitioners’ claims, holding that owners lose their rights to exclude, use, and change the use of their property by electing to enter into a lease. In effect, these apartments become the government’s housing stock, outside the owners’ control. The questions presented are:
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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.
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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).
Counsel of record
For petitioner
Andrew John Pincus
Mayer Brown LLP
For respondent
Richard Paul Dearing
New York City Law Department
Case
Conference history
Distributed for 1 conference
Amicus briefs
13 cert-stage
Proceedings
- Oct 02 2023Motion for leave to file amicus brief out of time filed by Alexander Gallo DENIED.
- Oct 02 2023Petition DENIED.
- Aug 09 2023DISTRIBUTED for Conference of 9/26/2023.
- Aug 09 2023Reply of petitioners Community Housing Improvement Program, et al. filed. (Distributed)
- Jul 24 2023Brief of respondents N.Y. Tenants and Neighbors, et al. in opposition filed.
- Jul 24 2023Brief of respondents The City of New York, Rent Guidelines Board, et al. in opposition filed.
- Jul 24 2023Brief of respondent RuthAnne Visnauskas, Commissioner of New York State Division of Housing and Community Renewal in opposition filed.
- Jun 13 2023Motion for leave to file amicus brief out of time filed (also in 22-1130, 22-1170) by Alexander Gallo. VIDED.
- Jun 09 2023Amicus brief of National Apartment Association, et al. not accepted for filing (corrected efiling to be submitted). (June 09, 2023)
- Jun 09 2023Brief amici curiae of Cato Institute, et al. filed.
- Jun 09 2023Brief amicus curiae of California Business Roundtable filed.
- Jun 09 2023Brief amicus curiae of Institute for Justice filed.
- Jun 09 2023Brief amicus curiae of Jan G. Laitos filed.
- Jun 09 2023Brief amicus curiae of The Real Estate Board of New York filed.
- Jun 09 2023Brief amicus curiae of New York Association of Realtors, Inc. filed.
- Jun 09 2023Brief amicus curiae of Minnesota Multi Housing Association filed.
- Jun 09 2023Brief amicus curiae of Small Property Owners - NY, Inc. filed.
- Jun 09 2023Brief amicus curiae of The Small Property Owners of San Francisco Institute filed.
- Jun 09 2023Brief amici curiae of National Apartment Association, et al. filed. VIDED
- Jun 09 2023Brief amicus curiae of The Chamber of Commerce of the United States of America filed. VIDED.
- Jun 06 2023Brief amicus curiae of Building and Realty Institute of Westchester & Putnam Counties, Inc. filed.
- Jun 06 2023Brief amici curiae of California Apartment Association, et al. filed.
- May 31 2023Motion to extend the time to file a response is granted and the time is extended to and including July 24, 2023, for all respondents.
- May 30 2023Motion to extend the time to file a response from June 9, 2023 to July 24, 2023, submitted to The Clerk.
- May 08 2023Petition for a writ of certiorari filed. (Response due June 9, 2023)