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Facial Challenge to HSTPA Rejected

By Stewart E. Sterk
November 01, 2020

In Community Housing Improvement Program v. City of New York, the United States District Court for the Eastern District of New York confronted the most recent challenge to the constitutionality of New York's Rent Stabilization Law, as modified by the Housing Stabilization and Tenant Protection Act of 2019, which significantly altered the balance between landlord and tenant interests. The court rejected all facial challenges to the statute, but allowed some as-applied challenges to proceed at least to the summary judgment stage.

The court actually faced two separate cases, one brought by a group of landlords and landlord advocacy groups, and the other brought by a different set of landlords. Because the claims in the two cases overlapped significantly, the court, through Judge Eric Komitee, treated them together. The various plaintiffs sought declaratory and injunctive relief barring enforcement of the statute, and, in the case of the as-applied challenges by some of the landlords, monetary relief for the alleged violations of the constitution's takings and contracts clauses.

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