this post was submitted on 20 Feb 2024
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The Supreme Court on Tuesday turned down a major property-rights challenge to rent control laws in New York City and elsewhere that give tenants a right to stay for many years in an apartment with a below-market cost.

A group of New York landlords had sued, contending the combination of rent regulation and long-term occupancy violated the Constitution’s ban on the taking of private property for public use.

The justices had considered the appeal since late September. Only Justice Clarence Thomas issued a partial dissent.

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[–] [email protected] 51 points 8 months ago (3 children)

... violated the Constitution’s ban on taking of private property for public use.

Do they think that regulating the usage of private property is the same as having it taken away? Was their argument really "As long as it's on my property, I should be able to do whatever I want, whenever I want, to whomever I want. Anything else is a violation of my rights!"

[–] [email protected] 13 points 8 months ago* (last edited 8 months ago)

Property can be "taken" by the government, this sometimes happens when zoning laws change. For example, if the zoning of the property was changed from residential to agricultural. Then the owner could argue that the value of the property was "taken" by by the government and they would likely win the case. Regardless of if the owner was a landlord or the owner of a vacant lot.

To be clear, I'm not commenting on the original issue, but intend to only provide information about the laws related to this issue.

[–] [email protected] 11 points 8 months ago

The argument is that there exists some level of regulation by the government at which point you can claim that you functionally do not have ownership of the thing in question.

That bar is definitely very high - consider landmark laws where you can be legally forced to maintain certain aesthetics or can be prevented from knocking down a money pit that you also functionally can't sell - hence this case failing, but it's not an absolutely absurd argument in general principle.

[–] [email protected] 7 points 8 months ago

Regulating can be a violation of the Takings Clause. It just isn’t here.

[–] [email protected] 9 points 8 months ago (2 children)

Unpopular opinion of the day : I think the justice needed to hear this case.

[–] Ashyr 33 points 8 months ago (3 children)

Given how rapacious landlords have been for all of history, I'd be curious to hear your reasoning.

[–] Tar_alcaran 19 points 8 months ago (1 children)

To shoot it down and form precedent.

[–] zaph 17 points 8 months ago

form precedent

That's a big ask from the same scotus that shot down a 50 year precedent.

[–] [email protected] 2 points 8 months ago

No you definitely don’t want the SCOTUS touching this until after Thomas and Alito die.

[–] [email protected] 5 points 8 months ago* (last edited 8 months ago)