Supreme Court of the United States · Official docket →
74 Pinehurst LLC, et al. v. New York, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 21-467, 21-558 · judgment February 6, 2023
Before the decision, about 3.8× the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
Petitioners own small apartment buildings in New York City that are subject to New York’s Rent Stabilization Law (“RSL”). Once an owner leases a unit for a fixed term, the RSL grants the tenant and the tenant’s successors a perpetual right to renew the lease, regardless of whether the owner consents. That renewal right strips owners of their right to exclude others from their property and prevents them from living in their own apartments. The Second Circuit held that these facts failed to state a physical-takings claim because Petitioners voluntarily entered the rental market in the first instance and could, in some circumstances, evict tenants who breach their leases. Petitioners’ regulatory-takings claims likewise failed because, among other reasons, the RSL serves an important purpose and does not deprive petitioners’ property of all value. In so holding, the Second Circuit deepened or created circuit splits at each step of its analysis. The questions presented are:
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Whether a law that prohibits owners from terminating a tenancy at the end of a fixed lease term, except on grounds outside the owner’s control, constitutes a physical taking.
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Whether allegations that such a law conscripts private property for use as public housing stock, and thereby substantially reduces its value, state a regulatory takings claim.
Counsel of record
For petitioner
Mark W. Mosier
Covington & Burling, LLP
For respondent
Richard Paul Dearing
New York City Law Department
Argument & decision
Decided February 20, 2024.
Proceedings
- Feb 20 2024Petition DENIED. Statement of Justice Thomas respecting the denial of certiorari. (Detached Opinion)
- Feb 09 2024DISTRIBUTED for Conference of 2/16/2024.
- Jan 16 2024DISTRIBUTED for Conference of 1/19/2024.
- Jan 08 2024DISTRIBUTED for Conference of 1/12/2024.
- Jan 02 2024DISTRIBUTED for Conference of 1/5/2024.
- Dec 01 2023Rescheduled.
- Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
- Nov 27 2023DISTRIBUTED for Conference of 12/1/2023.
- Nov 13 2023DISTRIBUTED for Conference of 11/17/2023.
- Nov 06 2023DISTRIBUTED for Conference of 11/9/2023.
- Oct 30 2023DISTRIBUTED for Conference of 11/3/2023.
- Oct 23 2023DISTRIBUTED for Conference of 10/27/2023.
- Oct 10 2023DISTRIBUTED for Conference of 10/13/2023.
- Oct 02 2023DISTRIBUTED for Conference of 10/6/2023.
- Aug 30 2023DISTRIBUTED for Conference of 9/26/2023.
- Aug 29 2023Reply of petitioners 74 Pinehurst LLC, et al. filed. (Distributed)
- Aug 23 2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- Aug 21 2023Brief of State Respondents in opposition filed.
- Aug 21 2023Brief of respondents City of New York, et al. in opposition filed.
- Aug 21 2023Brief of respondents N.Y. Tenants and Neighbors, Community Voices Heard, and the Coalition for the Homeless in opposition filed.
- Jun 20 2023Brief amicus curiae of New York Association of Realtors®, Inc. filed.
- Jun 20 2023Brief amici curiae of Cato Institute, et al. filed.
- Jun 20 2023Amicus brief of Liberty Justice Center not accepted for filing. Corrected version submitted (June 22, 2023)
- Jun 20 2023Brief amici curiae of Liberty Justice Center, et al. filed.
- Jun 20 2023Brief amici curiae of Professor Richard A. Epstein, et al. filed.
- Jun 19 2023Brief amicus curiae of Small Property Owners - NY, Inc. filed.
- Jun 13 2023Brief amicus curiae of Alexander Gallo filed. (also in 22-1095, 22-1170) VIDED.
- Jun 09 2023Amicus brief of National Apartment Association, et al. (corrected efiling to be submitted). (June 09, 2023)
- 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 07 2023Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2023, for all respondents.
- Jun 06 2023Brief amici curiae of California Apartment Association, et al. filed.
- Jun 05 2023Motion to extend the time to file a response from June 20, 2023 to August 21, 2023, submitted to The Clerk.
- May 17 2023Petition for a writ of certiorari filed. (Response due June 20, 2023)
- May 03 2023Application (22A955) granted by Justice Sotomayor extending the time to file until June 7, 2023.
- Apr 28 2023Application (22A955) to extend the time to file a petition for a writ of certiorari from May 7, 2023 to June 7, 2023, submitted to Justice Sotomayor.