Rent control as we know it could be coming to an end. At least, that’s what a group of New York landlords and affiliated trade organizations are hoping for as they take their rent stabilization challenge to the nation’s highest court.
The group — which includes the Rent Stabilization Association, the Community Housing Improvement Program and a few individual landlords — first challenged New York State’s rent reforms in 2019. The complaint is simple: the landlords claim that rent controls amount to the government taking their private property — in this case, the income on the properties.
Their protest is timely. This month, New York’s Rent Guidelines Board proposed a 2- to 5-percent increase on one-year leases and 4 to 7 percent for two-year agreements. Landlords say that’s not enough, and the state’s rent laws make it difficult for them to raise rents on regulated apartments.
The challenge has failed at every level, but the coalition hopes the Supreme Court will flip the script and declare New York’s rent control law unconstitutional.
The battle could have national implications. A Supreme Court ruling would up the ante, potentially altering the viability of rent control throughout the country.
There’s still a long road ahead for the landlords. First, the justices must agree to hear the case, and they’ve been known to refuse similar cases in the past. Even if they do agree to hear the case, there is no guarantee that the law would be found unconstitutional. Still, the battle could come down to the beliefs of a conservative majority who have historically shown more resistance to such laws.
Tenant advocates appear confident, but the matter is far from settled.