Supreme Court of the United States · Official docket →
335-7 LLC, et al. v. City of New York, New York, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 21-823 · judgment March 1, 2023
Before the decision, about 3.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.
Question presented
New York has implemented the most sweeping and onerous rent control provisions the United States has ever seen in its Rent Stabilization Laws and accompanying regulations (“the RSL”). As recently amended, the RSL makes New York’s once “temporary” rent stabilization regime permanent for over one million apartments. Petitioners are owners of apartment buildings regulated by the RSL. The RSL expropriates a definitional feature of Petitioners’ real property—the right to exclude—by granting their tenants a perpetual right to renew their leases. The RSL closes off all viable exit options for Petitioners to change the use of their property and thus avoid RSL regulation. These provisions, when combined with the RSL’s ceiling on the rents that landlords can collect, have ensured that Petitioners cannot earn a just and reasonable rate of return. The RSL has dramatically reduced the economic value of Petitioners’ property beyond any reasonable expectation. Nevertheless, the Second Circuit held the RSL did not effect any taking of Petitioners’ property without just compensation. The questions presented are:
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Does the RSL effect a per se physical taking by expropriating Petitioners’ right to exclude?
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Does the RSL effect a confiscatory taking by depriving Petitioners of a just and reasonable return?
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Does the RSL effect a regulatory taking as an unconstitutional use restriction of Petitioners’ property?
Counsel of record
For petitioner
Charles Justin Cooper
Cooper & Kirk, PLLC
For respondent
Richard Paul Dearing
New York City Law Department
Case
Conference history
Distributed for 13 conferences
Amicus briefs
1 cert-stage
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.
- Sep 06 2023DISTRIBUTED for Conference of 9/26/2023.
- Sep 06 2023Reply of petitioners 335-7 LLC, et al. filed. (Distributed)
- Aug 21 2023Brief of respondents City of New York and New York City Rent Guidelines Board in opposition filed.
- Aug 21 2023Brief of respondents N.Y. Tenants and Neighbors and Community Voices Heard in opposition filed.
- Aug 18 2023Brief of respondent RuthAnne Visnauskas, Commissioner of New York State Homes and Community Renewal in opposition filed.
- Jun 13 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 13 2023Brief amicus curiae of Alexander Gallo filed. ( also in 22-1095, 22-1130) VIDED.
- Jun 12 2023Motion of RuthAnne Visnauskas to extend the time to file a response from July 3, 2023 to August 21, 2023, submitted to The Clerk.
- May 30 2023Petition for a writ of certiorari filed. (Response due July 3, 2023)