"The truth is if we were starting from scratch we might not have rent regulation laws," said Manhattan Senator Liz Krueger

 

Updated 02/21/2012 11:23 PM

Supreme Court Interested In Tenant Case That Could Affect City’s Rent Regulation Laws

By: Zack Fink
Although rent regulations have existed in New York City since the end of World War I, the U.S. Supreme Court has interest in hearing a case from Manhattan that could have a profound impact on those laws and the city’s roughly one million rent-stabilized or rent-controlled apartments. NY1’s Zack Fink filed the following report.
Renewing rent protections in New York City is a constant battle in Albany. But a challenge a Supreme Court challenge to the constitutionality of those laws has forced the city and state to respond by March 5.
“I think a lot of people underestimated this case in the first instance, since it was dismissed at the district court and then at the circuit court,” said attorney Matt Brett. “I think this court is a conservative court. I think these issues haven’t been addressed in a long time. There are four justices on this court who are actually from New York City.”

George Will Weighs In in Support of Harmons’ Rent Control Challenge

 

Supreme Court should take on New York City’s rent control laws

By George F. Will, Published: February 15

James and Jeanne Harmon reside in and supposedly own a five-story brownstone on Manhattan’s Upper West Side, a building that has been in their family since 1949. But they have, so to speak, houseguests who have overstayed their welcome by, in cumulative years, more than a century. They are the tenants — the same tenants — who have been living in the three of the Harmons’ six apartments that are rent controlled.

The Harmons want the Supreme Court to rule that their home has been effectively, and unconstitutionally, taken from them by notably foolish laws that advance no legitimate state interest. The court should.

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A Good Primer for the Economic Justification of the Harmon’s Case


REALITY CHECK

 

Want Cheaper Rent? End Rent Control

By Amanda Williams, 02/03/2012

The Supreme Court may have a chance this year to determine whether rent control is constitutional or whether it represents a “taking” without just compensation. A topic worthy of debate—but in my view, there are sound economic reasons rent control (like many government regulations), however well intentioned, is woefully misguided. To see why, let’s return briefly to Economics 101.

Anyone who took an economics class will likely have (possibly painful) flashbacks in examining Exhibit 1, which shows a generic supply and demand graph, with price and quantity on the x- and y-axes, respectively. Basic economic theory expects a supply curve to slope upward because the higher the price a good’s provider can obtain, the more he’s willing to supply. On the flip side, demand for most goods is downward sloping because, on average, consumers are less-inclined to consume higher quantities of a good the more it costs. The intersection of the two determines the price and quantity the market supports (commonly known as equilibrium).

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Final Decision Barring the Harmons From Recovering a Rent Stabilized Property for Their Own Use, Based on a Technicality

 

HARMON v. MERVINE
2012 NY Slip Op 50134(U)

JAMES D. HARMON, JR. & JEANNE HARMON, Petitioners,

v.

CHERYL MERVINE, Respondent.

51685/10.
Civil Court of the City of New York, New York County.


Decided February 1, 2012.

Lester J. Figueroa, Esq.Borah Goldstein Altschuler et al., 377 Broadway, New York, NY 10013, (212) 431-1300.
Janet Ray Kalson, Esq.Himmelstein McConnell Gribben et al., 15 Maiden Lane, New York, NY 10038, (212) 349-3000.

The Harmons File An Application to Have Their Case Heard By the U.S. Supreme Court

 

Final Petition – Harmon v. Kimmel

No. 11-
IN THE
Supreme Court of the United States
ON PETITION FOR A WRIT OF CERTIORARI TO THE
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
(800) 274-3321 • (800) 359-6859
A
JAMES D. HARMON, JR. and JEANNE HARMON,
Petitioners,
v.
JONATHAN L. KIMMEL, in his offi cial capacity
as MEMBER AND CHAIR OF THE NEW YORK
CITY RENT GUIDELINES BOARD, CITY OF NEW
YORK; DARRYL C. TOWNS, in his offi cial capacity as
COMMISSIONER, NEW YORK STATE HOMES AND
COMMUNITY RENEWAL,
Respondents.
PETITION FOR A WRIT OF CERTIORARI