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Monday, February 24, 2020

New York property owners claim state's new rental restrictions are unconstitutional

Federal Court

By Marian Johns | Feb 3, 2020

Fr

NEW YORK (Legal Newsline) – The owner of a residential apartment building in the Bronx and others are challenging the constitutionality of New York state's new Housing Stability and Tenant Protection Act of 2019 (HSTPA), alleging it will decrease affordable and quality housing in New York.  

G-Max Management Inc. and others filed a complaint Jan. 23 in the U.S. District Court for the Southern District of New York against the state of New York, New York Attorney General Letitia James and others alleging violation of the U.S. Constitution, New York Constitution and Fair Housing Act.

The plaintiffs argue the new law benefits "affluent tenants," imposes unreasonable restrictions on evicting tenants, places restrictions on cooperative and condo conversions in New York City and "adversely impacts racial and ethnic minority renters," which will extend residential segregation. Among their other claims are that the HSTPA will make it "economically infeasible" for owners to maintain rental properties and develop new, low-income housing. 

The plaintiffs seek injunctive and monetary relief, a trial by jury and all other just relief. They are represented by Randy Mastro, Akiva Shapiro and William Moccia of Gibson, Dunn & Crutcher LLP in New York. 

U.S. District Court for the Southern District of New York case number 1:20-CV-00634

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U.S. District Court for the Southern District of New York New York Division

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