Community Housing Improvement Program v. City of New York, New York
Petition for certiorari denied on October 2, 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.
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