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Community Housing Improvement Program v. City of New York, New York

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Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
22-1095 2nd Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the provisions of New York’s rent-stabilization law that prevent a property owner from regaining exclusive possession and control of her property after the expiration of a lease effect per se physical takings; and (2) whether, by mandating consideration of tenant ability to pay in setting maximum rents, the law forces a subset of owners “alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole,” and thereby effects a regulatory taking as outlined in Pennell v. City of San Jose.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 08 2023Petition for a writ of certiorari filed. (Response due June 9, 2023)
May 30 2023Motion to extend the time to file a response from June 9, 2023 to July 24, 2023, submitted to The Clerk.
May 31 2023Motion to extend the time to file a response is granted and the time is extended to and including July 24, 2023, for all respondents.
Jun 06 2023Brief amicus curiae of Building and Realty Institute of Westchester & Putnam Counties, Inc. filed.
Jun 06 2023Brief amici curiae of California Apartment Association, et al. filed.
Jun 09 2023Amicus brief of National Apartment Association, et al. not accepted for filing (corrected efiling to be submitted). (June 09, 2023)
Jun 09 2023Brief amici curiae of Cato Institute, et al. filed.
Jun 09 2023Brief amicus curiae of California Business Roundtable filed.
Jun 09 2023Brief amicus curiae of Institute for Justice filed.
Jun 09 2023Brief amicus curiae of Jan G. Laitos filed.
Jun 09 2023Brief amicus curiae of The Real Estate Board of New York filed.
Jun 09 2023Brief amicus curiae of New York Association of Realtors, Inc. filed.
Jun 09 2023Brief amicus curiae of Minnesota Multi Housing Association filed.
Jun 09 2023Brief amicus curiae of Small Property Owners - NY, Inc. filed.
Jun 09 2023Brief amicus curiae of The Small Property Owners of San Francisco Institute filed.
Jun 09 2023Brief amici curiae of National Apartment Association, et al. filed. VIDED
Jun 09 2023Brief amicus curiae of The Chamber of Commerce of the United States of America filed. VIDED.
Jun 13 2023Motion for leave to file amicus brief filed by Alexander Gallo. VIDED
Jul 24 2023Brief of respondents N.Y. Tenants and Neighbors, et al. in opposition filed.
Jul 24 2023Brief of respondents The City of New York, Rent Guidelines Board, et al. in opposition filed.
Jul 24 2023Brief of respondent RuthAnne Visnauskas, Commissioner of New York State Division of Housing and Community Renewal in opposition filed.
Aug 09 2023DISTRIBUTED for Conference of 9/26/2023.
Aug 09 2023Reply of petitioners Community Housing Improvement Program, et al. filed. (Distributed)