What if the Supreme Court Kills Rent Control?

In many congested cities — New York City most of all — rent-control laws protect tenants who are lucky enough to have such leases from major rent increases. But the Supreme Court could be on the brink of striking down rent control. If it does, the court will hand landlords a huge victory and put many tenants in danger of losing their homes. It could also lay the groundwork for striking down a wide array of zoning laws. The Supreme Court is considering a case filed by James Harmon, a onetime Reagan Administration lawyer who owns a brownstone on West 76th Street in Manhattan. One of his tenants, an executive recruiter named Nancy Wing Lombardi, has leased a one-bedroom apartment in the building since 1976. Since the apartment is rent-controlled, she pays $1,000 a month, at least half what an unregulated apartment in the same neighborhood would cost. Harmon argues that laws limiting how much rent he can charge are an unconstitutional “taking” of his property. The court has not yet decided to take the case, but it has asked for additional briefing — “taking a harder look,” the Wall Street Journal reported, “than anyone expected.” (MORE: Real Estate Trend: Wealthy Californians Demand Tons of Bathrooms) Rent control has a long history. New York City adopted its law after World War I, when a shortage of housing and a glut of renters — including soldiers returning from the war — put extreme pressure on rents. Many other localities have rent-control laws, including dozens in New York State and California. Along with New York City, some of the largest are San Francisco, Oakland and Washington, D.C. The Supreme Court has repeatedly upheld rent control, going back to 1921. In 1988, in Pannell v. San Jose, it ruled 6-2 that San Jose’s law did not violate the Constitution — in an opinion written by the very conservative then Chief Justice William Rehnquist. In 1992, in Yee v. City of Escondido, the court unanimously rejected a claim that a rent-control ordinance was an unconstitutional taking of property — just the issue … Continue reading What if the Supreme Court Kills Rent Control?