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Landlord & Tenant Law
HSTPA Does Not Violate Taking or Due Process Clauses
Community Housing Improvement Program v. City of New York, 2023 WL 1769666, U.S. Court of Appeals for The Second Circuit (Opinion by Parker, J.)
In an action by landlord and landlord groups challenging the constitutionality of the Housing Stability and Tenant Protection Act of 2019 (HSTPA), landlord groups appealed from the District Court's grant of the city's motion to dismiss. The Second Circuit affirmed, holding that the statute did not violate the taking or due process clauses.
Landlords contended that the statute effected a facial and regulatory taking, and that the statute violated the due process clause. In rejecting the challenge, the Second Circuit first held that the landlord had to establish that no set of circumstance exist under which the challenged act would be valid, the standard articulated by the United States Supreme Court in United States v. Salerno, 481 US 739.
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