Supreme Court of the United States · Official docket →
G-Max Management, Inc., et al. v. New York, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 21-2448 · judgment March 12, 2024
Before the decision, about 6.4× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a Second Circuit decision below, and a circuit split argued in the petition.
Questions presented
New York’s Housing Stability and Tenant Protection Act of 2019 transforms a temporary rentregulation system into a permanent expropriation of vast swaths of private real estate, without just compensation, in the name of “affordable housing.” Among other things, the Act prohibits owners—even of small and midsized apartment buildings like Petitioners—from reclaiming rental units for their own personal use, and grants tenants a collective veto right over condo/co-op conversions. As Justice Thomas has observed, the constitutionality of regimes like New York’s is “an important and pressing question” that has divided the courts of appeals and should be addressed in “an appropriate future case.” 74 Pinehurst LLC v. New York, 2024 WL 674658, at *1 (U.S. Feb. 20, 2024) (statement respecting denials of certiorari). Although case-specific vehicle concerns may have dissuaded the Court from granting other recent petitions that sought to challenge the constitutionality of rent-control regimes in general, this case is based on a substantially different record, targeting only a specific set of amendments to New York’s regulatory regime, and thus provides an ideal vehicle for this Court’s review. The questions presented are:
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Whether New York’s rent-regulation laws, and in particular its new restrictions on owner reclamation and condo/co-op conversions, effect physical takings.
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Whether this Court should overrule Penn Central or at least clarify the standards for determining when a regulatory taking occurs.
Counsel of record
For petitioner
Randy Michael Mastro
King & Spalding LLP
For respondent
Corey Lynn Stoughton
Selendy Gay PLLC
Proceedings
- Nov 12 2024Petition DENIED. Justice Gorsuch would grant the petition for a writ of certiorari.
- Nov 04 2024DISTRIBUTED for Conference of 11/8/2024.
- Oct 28 2024DISTRIBUTED for Conference of 11/1/2024.
- Oct 15 2024DISTRIBUTED for Conference of 10/18/2024.
- Oct 07 2024DISTRIBUTED for Conference of 10/11/2024.
- Sep 20 2024Supplemental brief of State Respondents filed. (Distributed)
- Sep 20 2024Supplemental brief of respondents N.Y. Tenants and Neighbors, et al. filed. (Distributed)
- Sep 10 2024Supplemental brief of petitioners G-Max Management, Inc., et al. filed. (Distributed)
- Jul 10 2024DISTRIBUTED for Conference of 9/30/2024.
- Jul 09 2024Reply of petitioners G-Max Management, Inc., et al. filed. (Distributed)
- Jun 24 2024Brief of respondents New York, et al. in opposition filed.
- Jun 24 2024Brief of respondents N.Y. Tenants and Neighbors and Community Voices Heard in opposition filed.
- May 23 2024Brief amicus curiae of Chamber of Commerce of the United States of America filed.
- May 23 2024Brief amicus curiae of Small Property Owners - NY, Inc. filed.
- May 23 2024Brief amicus curiae of Cato Institute filed.
- May 23 2024Brief amicus curiae of National Association of Realtors filed.
- May 10 2024Brief amicus curiae of The Small Property Owners of San Francisco Institute filed.
- May 02 2024Motion to extend the time to file a response is granted and the time is extended to and including June 24, 2024, for all respondents.
- May 01 2024Motion to extend the time to file a response from May 23, 2024 to June 24, 2024, submitted to The Clerk.
- Apr 18 2024Petition for a writ of certiorari filed. (Response due May 23, 2024)