Debate Over Rent Control

MY9tv.com

Updated: Tuesday, 15 May 2012, 9:45 AM EDT
Published : Tuesday, 15 May 2012, 9:45 AM EDT

Brenda Flanagan, Staff Reporter, MY9TV.COM

MY9TV.COM – The fight over rent-stabilized apartments in New York City has gone all the way to the nation’s highest court.

Tenents who have spent most of their lives in these apartments say they can not afford to move out.
While landlords say they feel victimized.
Brenda Flanagan has more on the fight that seems to have no end.

Thomas Lake likes living with his grandmother in a rent-stabilized apartment on the Upper West Side. The river view from some apartments in his building takes your breath away.  He tells us, “This is a really nice place. I grew up here. I was born here. So I plan to stay.” Continue reading

High Court Denies Certiorari in Rent Stabilization Case

By Brendan Pierson Contact All Articles

New York Law Journal

April 24, 2012

 

The U.S. Supreme Court announced on April 23 that it will not hear a lawsuit challenging the constitutionality of New York City’s rent-stabilization law.

The case, Harmon v. Kimmel, 11-496, was filed against the city in 2008 by James Harmon and his wife, Jeanne. The couple owns an Upper West Side brownstone with six apartments, of which three are rent stabilized. The Harmons argued that the 1969 rent-stabilization law, intended to respond to a housing shortage, was an unconstitutional taking of their property.

Southern District Judge Barbara Jones (See Profile) dismissed the case in February 2010, and Judges Amalya Kearse (See Profile), Robert Sack (See Profile) and Robert Katzmann (See Profile) of the U.S. Court of Appeals for the Second Circuit affirmed the dismissal in March 2011. The Supreme Court’s refusal to hear an appeal marks the end of the case.

“We are pleased that the Supreme Court will allow the existing court rulings dismissing this case to stand,” Alan Krams, senior counsel in the Appeals Division of the Corporation Counsel’s office, said in a press release. “Rent regulation in New York City has a long history, and the Court properly left it to elected state and city officials to decide its future.”

James Harmon said in an e-mail that the Harmon family was disappointed in the court’s denial of cert. “We still believe that the Constitution does not allow the government to force us to take strangers into our home at our expense for life. Even our grandchildren have been barred from living with us. That is not our America.”

“We are deeply disappointed that the United States Supreme Court did not accept what we believe to be relevant and legitimate property rights concerns of all New York City rent-regulated property owners, who have endured 70 years of rent regulation in one form or another,” Joseph Strasburg, president of the Rent Stabilization Association, which filed an amicus brief on the Harmons’ side, said in a press release.

 

Source: New York Law Journal.

NYC Rent Control: US Supreme Court Won’t Hear Harmon V. Kimmel

WASHINGTON — The Supreme Court won’t hear an appeal that seeks to end rent stabilization laws in New York City.

The high court on Monday refused to hear an appeal from James and Jeanne Harmon, who have lost earlier court attempts to get rent stabilization laws thrown out.

The Harmons' building in the Upper West Side.

The Harmons inherited a building with three rent-controlled apartments near Central Park on Manhattan’s Upper West Side. The Harmons say rent stabilization laws forces them to rent the apartments at rents 59 percent below market rate. They argue that by giving the tenants lifetime tenure with succession rights, the government has illegally taken their property.

A federal judge and the 2nd U.S. Circuit Court of Appeals in New York City threw out their lawsuit. The high court refused to review that decision.

 

Source: The Huffington Post.

Supreme Court Won’t Hear Challenge to New York Rent Control Regulations

 

Posted Apr 23, 2012 9:12 AM CDT
By Debra Cassens Weiss

 

The U.S. Supreme Court has refused to hear a challenge to New York’s rent control regulations.

A plaintiff in the Fifth Amendment case was James Harmon, a former prosecutor who runs a corporate investigations firm. The high court denied cert today, SCOTUSblog reports.

Harmon inherited his New York brownstone in the 1990s. One of his tenants who pays $1,000 in monthly rent also owns a home near the shore in Southampton.

 

Source: ABA Journal.

Affordable Housing Advocates Support Harmon Rent Control Challenge, Part 2

 



RENT CONTROL’S CONSTITUTIONALITY: PART 2, COMETH THE MAN

January 26, 2012 
Continued from yesterday’s Part1.]


In yesterday’s Part 1, we met the Don Quixote of rentcontrol, lifelong New Yorker James Harmon, whose case challenging the statutelost on appeal to the U. S. Second Circuit Court of Appeals, but may be heardby the Supreme Court granting certiorari.  To fill in the legalarguments, I’ve used RichardEpstein’s Wall Street Journal op-ed (Palatino brown) and Cato’sdescription of its amicus brief (Georgia gray), because the NewYork Times’s (December 19, 2011) story, though sympathetic,glides over them, preferring to focus on the long-suffering plaintiff:


A couple’s home is its castle … unless it’s rent stabilized, that is

Affordable Housing Advocates Support Harmon Rent Control Challenge, Part 1

 


RENT CONTROL’S CONSTITUTIONALITY: PART 1, COMETH THE HOUR
January 25, 2012 


Even dropped from the Empire State Building, it can’t kill anyone
Even dropped from the Empire State Building, it can’t kill anyone

Though ’tis a consummation devoutly to be wished, I had given up believing that rent control would ever be ruled an economic taking without due process or just compensation (even though it is both), because the procedural and administrative defenses mounted by a determined confiscatory local government are so tortuous to besiege and scale that for nearly forty years no one has. 

Destined to have his name in the law books? James Harmon


Destined to have his name in the law books? James Harmon

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