Cases & Deals

National Association of Realtors files amicus curiae brief in Fifth Amendment takings challenge to rent control

Clients National Association of Realtors

Jones Day filed an amicus curiae brief in the Second Circuit on behalf of the National Association of Realtors in a case challenging the constitutionality of New York’s Rent Stabilization Law (“RSL”). The brief principally argues that the RSL effects a physical taking of property without just compensation because of the strict limits the law places on landlords’ ability to recover possession of their property and put it to other uses. The brief also argues the RSL effects a regulatory taking because it imposes solely on landlords the costs associated with the government’s housing policies, when such costs should be borne by the public as a whole. Finally, the brief explains how rent-control laws undermine the housing supply and affordability problems they were intended to solve, because they invariably reduce the quantity and quality of available housing.

Community Housing Improvement Program v. City of New York, No. 20-3366 (2d Cir.)