The U.S. Supreme Court may be prepared to hear a case that could potentially outlaw rent control. New York City landlord James Harmon contends the City's rent control law constitutes a physical taking of property in violation of the Fifth Amendment. The Court has not yet announced whether it will hear the case but has asked the state and city of New York to respond to Harmon's argument.
Harmon, 68, lives on Manhattan's Upper West Side in a five-story brownstone that has been in his family since his grandfather bought it in 1949. In 1969, the building became subject to New York City's Rent Stabilization Law, which caps the percentage that a landlord may raise rents each year.
By the time Harmon and his wife took full ownership of the brownstone in 2005, three of the six units were renting at rates that were 59 percent below-market to tenants that Harmon claims did not need the discount.
Harmon argues that he and his wife effectively have been financing the approximately $1500 monthly mortgage payments on the Long Island home of one of their rent stabilized tenants who pays $951.22 monthly rent. According to his petition, Harmon has spent two years and more than $30,000 in legal fees trying to recover possession of one rent-stabilized apartment for one of his grandchildren.
The U.S. Supreme Court now wants to review records on this case from two lower courts that previously rejected Harmon's petition and may decide to hear arguments some time before October of this year.
For further information on this case and on rent control in general, use the links below.
The Law Offices of James V. Sansone is located in Santa Rosa, California and litigates numerous landlord tenant disputes including evictions, contract and lease disputes, evictions after foreclosure, and problem tenants, throughout Sonoma County, Mendocino County, and Lake County, including Santa Rosa, Petaluma, Cotati, Rohnert Park, Sebastopol, Healdsburg, Sonoma, Kenwood, Glen Ellen, Windsor, Bodega Bay, Ukiah, Willits, Clearlake, Lakeport, and Kelseyville.