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

CHIP Files Amicus Brief in Support of the Harmons

 

No. 11- 496
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
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

New York Law Journal: High Court Not Likely to Hear Rent Law Challenge, Experts Say

 

High Court Not Likely to Hear Rent Law Challenge, Experts Say

Harmon v. Kimmel, 11-496, was filed against New York City in 2008 by James Harmon and his wife Jeanne. Southern District Judge Barbara S. Jones (See Profile) dismissed the case in February 2010.
Second Circuit Judges Amalya L. Kearse (See Profile), Robert D. Sack (See Profile) and Robert A. Katzmann (See Profile) affirmed the dismissal in a summary order in March 2011. The Harmons then petitioned the U.S. Supreme Court for writ of certiorari. Earlier this month, the Court asked the city to file a response to the petition by Jan. 4. The deadline has been extended to Feb. 3. Continue reading

Pacific Legal Foundation Supports Harmon Rent Control Challenge

 

Supreme Court Just Might Upset Rent Controls in 
New York City

WRITTEN BY BOB ADELMANN   
MONDAY, 26 DECEMBER 2011 22:30

When R.S. Radford, a principal attorney for the public interest law firm Pacific Legal Foundation, learned about the ruling against a property owner suffering under New York City’s rent control laws, he appealed the case to the Supreme Court. At issue in the case, Harmon v. Markus, is whether James and Jeanne Harmon, the owners of a handsome brownstone near Central Park, are entitled to relief from the city’s onerous rent control laws that force them to accept lower-than-market rents from three of their renters.

Harmon filed the original lawsuit against the chair of the Rent Guidelines Board claiming that the rent control laws violated his Fifth Amendment rights under the Constitution’s “taking” clause. (“No person shall be … deprived of life, liberty, or property without due process of law.”) When he was denied, he appealed, claiming that he had been denied the right of due process under the 14th Amendment. The Court of Appeals for the Second Circuit dismissed it out of hand, and that’s when Pacific Legal jumped in.

West Side Spirit: Landlord Turns to Supreme Power on Rent

 


Landlord Turns to Supreme Power on Rent

Upper West Side landlord James Harmon is tired of his rent stabilized tenants paying well below market rate for the apartments in the five-story West 76th Street brownstone he inherited, so he’s turned to the U.S. Supreme Court to relieve him—and the rest of the state—of rent regulations. Harmon filed a lawsuit against the chair of the Rent Guidelines Board, Jonathan Kimmel, and the commissioner of New York State Homes and Community Renewal, Darryl Towns, alleging that the rent regulations violate his Fifth Amendment right to receive compensation from the state for what he says is the taking of his property. When the court ruled that there was no taking of property, Harmon appealed on the basis of the 14th Amendment, claiming that he had been denied the right to due process. That’s what caught the attention of a law firm in California, Pacific Legal Foundation, which has jumped in in support of Harmon’s case to ask the Supreme Court to hear his appeal.

R.S. Radford, the attorney who filed the amicus brief on behalf of the firm, as well as the conservative policy think tank the Cato Institute and the Small Property Owners of San Francisco Institute, said that Pacific Legal takes on cases that affect the public interest.

Harmon v. Kimmel – Pacific Legal Foundation Amicus Brief

 

No. 11-496
In the
Supreme Court of the United States
Ë
JAMES D. HARMON, JR., and JEANNE HARMON,
Petitioners,
v.
JONATHAN L. KIMMEL, in his official capacity
as Member and Chair of the New York City Rent
Guidelines Board, City of New York; DARRYL C.
TOWNS, in his official capacity as Commissioner,
New York State Homes and Community Renewal,
Respondents.
Ë
On Petition for Writ of Certiorari
to the United States Court of Appeals
for the Second Circuit
Ë
BRIEF AMICUS CURIAE OF
PACIFIC LEGAL FOUNDATION,
CATO INSTITUTE, AND SMALL PROPERTY
OWNERS OF SAN FRANCISCO INSTITUTE
IN SUPPORT OF PETITIONERS JAMES D.
HARMON, JR., and JEANNE HARMON

Atlantic Legal Foundation Files Amicus Brief in Support of Harmon Rent Control Challenge

 

No. 11-496
_______________________________________________
IN  TH E
Supreme Court of the United States
JAMES D. HARMON, JR. and JEANNE HARMON,
Petitioners,
v.
JONATHAN L. KIMMEL, in his official capacity as
MEMBER AND CHAIR OF THE NEW YORK CITY
RENT GUIDELINES BOARD, et al.,
Respondents.
ON PETITION FOR WRIT OF CERTIORARI
TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT