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.