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Where 5 Challenges to New York's 2019 Rent Law Stand Now


First filed
RSA and CHIP had their lawsuit locked and loaded when Gov. Andrew Cuomo signed off on the rent law in June 2019. They filed just two weeks later with an argument that would become the basis of suits to follow.
The rent law violates the U.S. Constitution’s Fifth and Fourteenth Amendments, their complaint argued. Specifically, a “takings clause” in the Fifth Amendment bars governments from seizing private property without compensating owners the RSA suit argues that rent regulation, which targets one group to pay for the benefit of others, amounts to just that.
By largely restricting owners from refusing new leases, the law also violates the Fourteenth Amendment’s due process clause, the suit alleges, because the government can’t hinder property owners from keeping people off their property. Another violation of due process, the case claims, is that the law is arbitrary and irrational. ....

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Cuomo Proposes Commercial Eviction Ban Through May 1


Gov. Andrew Cuomo (Getty)
Commercial evictions could be on hold until at least May if Gov. Andrew Cuomo’s 2022 state budget proposal is enacted as-is.
The governor first proposed the ban, which would go into effect through new legislation, as part of his State of the State addresses earlier this month. The current eviction ban, which has been repeatedly extended since it was enacted last March, is set to expire at the end of January.
Much like New York’s recently passed blanket moratorium on residential evictions, the legislation would require commercial tenants to attest that they have experienced financial hardship by completing a form that can be returned to either the landlord or the court. The current rules limiting commercial evictions do not require a hardship declaration. ....

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