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

Petition for certiorari denied on October 2, 2023

Docket No. Op. Below Argument Opinion Vote Author Term
22-1095 2nd Cir. N/A N/A N/A N/A OT 2023

Issue: (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.

DateProceedings and Orders (key to color coding)
05/08/2023Petition for a writ of certiorari filed. (Response due June 9, 2023)
05/30/2023Motion to extend the time to file a response from June 9, 2023 to July 24, 2023, submitted to The Clerk.
05/31/2023Motion to extend the time to file a response is granted and the time is extended to and including July 24, 2023, for all respondents.
06/06/2023Brief amicus curiae of Building and Realty Institute of Westchester & Putnam Counties, Inc. filed.
06/06/2023Brief amici curiae of California Apartment Association, et al. filed.
06/09/2023Amicus brief of National Apartment Association, et al. not accepted for filing (corrected efiling to be submitted). (June 09, 2023)
06/09/2023Brief amici curiae of Cato Institute, et al. filed.
06/09/2023Brief amicus curiae of California Business Roundtable filed.
06/09/2023Brief amicus curiae of Institute for Justice filed.
06/09/2023Brief amicus curiae of Jan G. Laitos filed.
06/09/2023Brief amicus curiae of The Real Estate Board of New York filed.
06/09/2023Brief amicus curiae of New York Association of Realtors, Inc. filed.
06/09/2023Brief amicus curiae of Minnesota Multi Housing Association filed.
06/09/2023Brief amicus curiae of Small Property Owners - NY, Inc. filed.
06/09/2023Brief amicus curiae of The Small Property Owners of San Francisco Institute filed.
06/09/2023Brief amici curiae of National Apartment Association, et al. filed. VIDED
06/09/2023Brief amicus curiae of The Chamber of Commerce of the United States of America filed. VIDED.
06/13/2023Motion for leave to file amicus brief out of time filed (also in 22-1130, 22-1170) by Alexander Gallo. VIDED.
07/24/2023Brief of respondents N.Y. Tenants and Neighbors, et al. in opposition filed.
07/24/2023Brief of respondents The City of New York, Rent Guidelines Board, et al. in opposition filed.
07/24/2023Brief of respondent RuthAnne Visnauskas, Commissioner of New York State Division of Housing and Community Renewal in opposition filed.
08/09/2023DISTRIBUTED for Conference of 9/26/2023.
08/09/2023Reply of petitioners Community Housing Improvement Program, et al. filed. (Distributed)
10/02/2023Motion for leave to file amicus brief out of time filed by Alexander Gallo DENIED.
10/02/2023Petition DENIED.