Is NY’s Rent Law Unconstitutional? Second Circuit to Rule

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Professor Nestor Davidson was quoted in an article by The Real Deal discussing the mounting challenges to New York’s rent stabilization laws.

Two lawsuits challenging the constitutionality of rent stabilization in New York went to oral arguments in the Second Circuit Wednesday.

The suits — one brought by landlord groups the Community Housing Improvement Program and the Rent Stabilization Association, the other on behalf of mom-and-pop owners Dino, Dimos and Vasiliki Panagoulias — argue that the Housing Stability and Tenant Protection Act of 2019 violates two constitutional amendments.

Nestor Davidson, a professor of real estate, land use and property law at Fordham University, said in a September panel discussion that landlords were unlikely to win in the Second Circuit, but that the Supreme Court’s Cedar Point decision could point to a win for owners if the suit reaches the conservative-leaning high court.

“[Pincus] is going to take one for the team in the Second Circuit, but I think there’s a not-insignificant chance that the Supreme Court takes the case,” Davidson said.

Read the full article.

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