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HSTPA Survives Federal Constitutional Attack

The Housing Stability and Tenant Protection Act (HSTPA) has generated considerable litigation by landlords in both state and federal court. In Building and Realty Institute of Westchester and Putnam Counties, Inc. v. State of New York, the United States District Court for the Southern District of New York dismissed takings, substantive due process, and contracts clause challenges to the statute.

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The Housing Stability and Tenant Protection Act (HSTPA), enacted in 2019, has generated considerable litigation by landlords in both state and federal court. In Building and Realty Institute of Westchester and Putnam Counties, Inc. v. State of New York, 2021 WL 4198332, Judge Kenneth Karas of the United States District Court for the Southern District of New York dismissed takings, substantive due process, and contracts clause challenges to the statute.

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