Current Events > Supreme Court could overrule rent control.

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VGAddict90
08/18/23 10:13:35 AM
#1:


https://abovethelaw.com/2023/08/the-supreme-court-could-overrule-rent-control-in-new-york-and-across-the-nation/
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Questionmarktarius
08/18/23 10:15:10 AM
#2:


...on what constitutional basis?

Best I can come up with 14th amendment Equal Protection clause, in that only some units are rent-controlled.
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Mussurana
08/18/23 10:18:17 AM
#3:


Questionmarktarius posted...
...on what constitutional basis?
On the constitutional grounds that the people giving them free holidays want it?

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cardoor123
08/18/23 10:23:04 AM
#4:


I don't see the problem with this? Why should people live in areas like New York city and pay significantly less other people who just moved there? If they can't afford it then they can move somewhere cheaper
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Questionmarktarius
08/18/23 10:24:00 AM
#5:


You have to have an argument on whether the constitution allows jurisdictions to impose its will on private property, or an argument on how that's forbidden.
"I want it to be that way" has never actually worked for SCOTUS. That's why the decisions are hundreds of pages.

What's especially interesting is that the court finding a prohibition on rent controls may also be leveraged for ending any sort of zoning entirely.
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Scardude
08/18/23 10:25:52 AM
#6:


cardoor123 posted...
I don't see the problem with this? Why should people live in areas like New York city and pay significantly less other people who just moved there? If they can't afford it then they can move somewhere cheaper

Why should they be evicted out with ridiculous prices because of where they are? Not everything has to be profit first.

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Sir_Will
08/18/23 10:26:23 AM
#7:


But her fucking emails.

Mussurana posted...
On the constitutional grounds that the people giving them free holidays want it?
Sounds about right.

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uwnim
08/18/23 10:28:14 AM
#8:


Theres plenty of reasons to dislike rent control, but Id think it would be rather difficult to make an argument that they are unconstitutional.

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itcheyness
08/18/23 10:28:45 AM
#9:


Questionmarktarius posted...
...on what constitutional basis?
On the basis of the "try and stop us" ammendment.

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Questionmarktarius
08/18/23 10:29:56 AM
#10:


Scardude posted...
Why should they be evicted out with ridiculous prices because of where they are? Not everything has to be profit first.
The issue that's developed wit rent controls is that once you get a "stabilized" place, you never leave.
There's a huge shortage of affordable units in NYC because barely any more are being made (a tiny handful of set-asides in luxury buildings), and nobody's moving out of the ones that do exist (after living there several decades, and paying rents from several decades ago).

If the court takes this on, I expect a Boise-type ruling that pisses off everyone: Either rent-control would have to be universal in a jursidiction, or not at all.
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SaikyoStyle
08/18/23 10:32:57 AM
#11:


uwnim posted...
Theres plenty of reasons to dislike rent control, but Id think it would be rather difficult to make an argument that they are unconstitutional.
So? Theyre unelected, serve for life, are corrupt as shit, and have unassailable decision-making power.

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Charismic_Zach_Gowen
08/18/23 10:35:33 AM
#12:


cardoor123 posted...
I don't see the problem with this? Why should people live in areas like New York city and pay significantly less other people who just moved there? If they can't afford it then they can move somewhere cheaper

It's a literal death knell for NYC and LA. Low income service workers aren't going to commute hours into the city

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EmbraceOfDeath
08/18/23 10:36:08 AM
#13:


The supreme court has already shown itself to be corrupt. Their rulings should simply be ignored at this point. They don't have the power to enforce them.

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Scardude
08/18/23 10:39:51 AM
#14:


EmbraceOfDeath posted...
The supreme court has already shown itself to be corrupt. Their rulings should simply be ignored at this point. They don't have the power to enforce them.
The owners will not ignore the ruling. They profit from them.

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voldothegr8
08/18/23 10:40:24 AM
#15:


They haven't even agreed to take the case yet. Seems to me this is fear mongering clickbait from whatever site "abovethelaw.com" is.

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Scardude
08/18/23 10:41:32 AM
#16:


Questionmarktarius posted...
The issue that's developed wit rent controls is that once you get a "stabilized" place, you never leave.
There's a huge shortage of affordable units in NYC because barely any more are being made (a tiny handful of set-asides in luxury buildings), and nobody's moving out of the ones that do exist (after living there several decades, and paying rents from several decades ago).

If the court takes this on, I expect a Boise-type ruling that pisses off everyone: Either rent-control would have to be universal in a jursidiction, or not at all.

Your issue that people have an affordable place for "too long" is a bad thing. Is right to housing not part of your world view? Should they be kicked out on the streets because someone else has more money to spend than them?

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Questionmarktarius
08/18/23 10:45:08 AM
#17:


Scardude posted...
Should they be kicked out on the streets because someone else has more money to spend than them?
Should you be obligated to stay in an apartment, when you can get a different one cheaper?
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Scardude
08/18/23 10:49:42 AM
#18:


Questionmarktarius posted...
Should you be obligated to stay in an apartment, when you can get a different one cheaper?
You think they would make the price cheaper for the next person? Thats not how a captialist system works. They will bring up the price to the same or equal. The difference will be space of old vs new. But screw out people with pensions that lived in it all their lives and call it home. Great.

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mercurydude
08/18/23 10:51:03 AM
#19:


cardoor123 posted...
I don't see the problem with this? Why should people live in areas like New York city and pay significantly less other people who just moved there? If they can't afford it then they can move somewhere cheaper

The overprivileged hot take.

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BunkerBoy
08/18/23 10:52:13 AM
#20:


mercurydude posted...
The overprivileged hot take.
I have that dude tagged as antivaxxer, so terrible takes seem to be a feature rather than a bug
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Questionmarktarius
08/18/23 10:52:50 AM
#21:


Scardude posted...
You think they would make the price cheaper for the next person?
We already know it doesn't which is why everyone stays in the rent-controlled units forever.

an old thing from an old thread, awhile ago:
I recently moved to New York and I pay almost $1,200 a month for a nice little apartment on the lower
East Side. The landlords have been reasonable and the building is clean. Still, when I found out at a
tenants' meeting that 30 of the building's 34 apartments rent for below $300 and that most of the tenants in
those cheap apartments make more money that I do, I was a bit outraged. I understand protecting the old
people, but protecting fellow yuppies with bargains?

There's no means testing at all, but it's based on who lucked into a unit back when the rent was locked in.
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Bio1590
08/18/23 10:55:25 AM
#22:


I'm sure someone is capable of pulling some bullshit argument out of the Commerce Clause or something.

Also can people please stop feeding QMT

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g980
08/18/23 10:57:12 AM
#23:


how far can this topic go before anyone talks about the actual arguments in this case i wonder

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Questionmarktarius
08/18/23 11:04:48 AM
#24:


g980 posted...
how far can this topic go before anyone talks about the actual arguments in this case i wonder
Article didn't give us any, just "holy shit! panic!" and mention of a case from a decade ago that SCOTUS declined.

This is the best I got, after digging around:
https://www.supremecourt.gov/docket/docketfiles/html/public/22-1095.html

Washington Examiner came through with an actual link to the actual case.
https://www.washingtonexaminer.com/policy/courts/supreme-court-asked-nyc-rent-control-violates-takings-clause

This looks like the actual "meat" of the case:
The appeals court also disagreed that rent increase limits create a regulatory taking, a theory that was floated in a dissent by justices Antonin Scalia and Sandra Day O'Connor from the 1988 decision in Pennell v. City of San Jose, arguing that notion had never been adopted by a majority of the court.
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Atralis
08/18/23 11:05:38 AM
#25:


g980 posted...
how far can this topic go before anyone talks about the actual arguments in this case i wonder

I'm pay walled on a wall street journal article about it and the best I can figure out is that the plaintiffs are arguing that the application of the law is arbitrary. The source from the TC is a childish rant rather than a news story.
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Questionmarktarius
08/18/23 11:06:30 AM
#26:


Atralis posted...
I'm pay walled on a wall street journal article about it
https://archive.is/0JOoS
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g980
08/18/23 11:08:32 AM
#27:


Yea tc's link is devoid of information, definitely need to google it

Ianal but tbh it seems like kind of a weak case, very subjective

Current supreme court is conservative but despite ce's doomerism they are very capable of making non partisan decisions

My money is on this going nowhere

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Atralis
08/18/23 11:15:53 AM
#28:


Questionmarktarius posted...
https://archive.is/0JOoS

Thanks.

"New Yorks rent-stabilization scheme is at heart a public-welfare program. It may be a worthy one. But it uses private property for a public purpose. The Constitution therefore requires its cost to be borne by the general public, whether through a tax benefit or some equivalent compensation applicable to all affected buildings."

That appears to sum up the argument of the landlords. In 2019 New York passed a law that took away some of the ways that apartments could stop being rent controlled including by doing renovations after a long term renter leaves the complex and restrictions on turning the apartments into condos so that they can be sold.

The landlords are arguing that this makes it so that they can't be provided with fair compensation for the value of their property.

I think New York specifically may have gone too far, particularly with restrictions on turning the apartments into condos.
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Questionmarktarius
08/18/23 11:18:00 AM
#29:


Washington Examiner also seems to think this is a "taking" case.
That's a vector I didn't expect, but it makes a lot of sense, I guess.
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tankboy
08/18/23 11:46:30 AM
#30:


I lived in a rent controlled apartment for over ten years (not in NYC). One interesting thing was that my parking spot (in the same building) did not fall under rent control and was therefore rising faster than the rent. I remember plotting the lines and determining when they would cross (and I'd be paying more for parking than rent). It wasn't a few years but it was definitely within a few decades.
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Questionmarktarius
08/18/23 12:21:05 PM
#31:


tankboy posted...
I remember plotting the lines and determining when they would cross (and I'd be paying more for parking than rent). It wasn't a few years but it was definitely within a few decades.
got the chart handy?
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Homeless_Waifu
08/18/23 12:28:51 PM
#32:


Questionmarktarius posted...
Should you be obligated to stay in an apartment, when you can get a different one cheaper?
But where is cheaper? If everywhere is becoming effectively more expensive than ever before thus the rising influx of homelessness where people are driven nowhere to live because nowhere is cheap anymore. The only way to find something affordable is if they move 20+ miles out of town where:
a. there is no source of employment/very little employment opportunities
b. Crime ridden area, thus because high crime no one wants to live there forcing the area to be cheap in a attempt sucker in folks who need somewhere to live

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ItsChristian
08/18/23 12:29:37 PM
#33:


Questionmarktarius posted...
...on what constitutional basis?

Best I can come up with 14th amendment Equal Protection clause, in that only some units are rent-controlled.

Oh please, like the Supreme Court gives a fuck about the constitution these days.
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Ruvan22
08/18/23 1:19:42 PM
#34:


Questionmarktarius posted...
We already know it doesn't which is why everyone stays in the rent-controlled units forever.

an old thing from an old thread, awhile ago:

There's no means testing at all, but it's based on who lucked into a unit back when the rent was locked in.

I'd much rather that happen than people be priced out of a basic human right... where do you stand?
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Questionmarktarius
08/18/23 1:23:20 PM
#35:


Ruvan22 posted...
I'd much rather that happen than people be priced out of a basic human right... where do you stand?
There's no "right" to have a home right here, especially when someone else owns it.

Homeless_Waifu posted...
But where is cheaper?
Yonkers, maybe.
Or Barstow.
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Ruvan22
08/18/23 2:13:11 PM
#36:


Questionmarktarius posted...
There's no "right" to have a home right here, especially when someone else owns it.

So you *don't* believe housing should be a human right? Because "Moving tens or hundreds of miles for housing should be a basic human right" is a very different statement....
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Questionmarktarius
08/18/23 2:24:26 PM
#37:


Ruvan22 posted...
So you *don't* believe housing should be a human right?
I'm moving into your place tonight. Better get a bed ready.
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g980
08/18/23 2:25:21 PM
#38:


ItsChristian posted...


Oh please, like the Supreme Court gives a fuck about the constitution these days.


Out of curiousity what are some recent examples of the SC disregarding the Constitution?

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uwnim
08/18/23 4:37:18 PM
#39:


Ruvan22 posted...
I'd much rather that happen than people be priced out of a basic human right... where do you stand?
Rent control measures suppress construction/renovation which in the long term reduces supply and prices people out.

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Questionmarktarius
08/18/23 4:38:59 PM
#40:


uwnim posted...
Rent control measures suppress construction/renovation which in the long term reduces supply and prices people out.
Rather, what does get built is "luxury" units and condos, specifically to evade rent controls.
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#41
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Bio1590
08/18/23 4:53:58 PM
#42:


Bio1590 posted...


Also can people please stop feeding QMT


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#43
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Questionmarktarius
08/18/23 5:00:41 PM
#44:


NYC overreaching on renovations and condo conversions may well make the Taking Clause relevant.
https://www.law.cornell.edu/constitution-conan/amendment-5/takings-clause
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Ruvan22
08/18/23 5:00:55 PM
#45:


uwnim posted...
Rent control measures suppress construction/renovation which in the long term reduces supply and prices people out.

People have claimed that on CE in previous threads on the topic but struggled to show evidence. I'm not saying it's false, just that all the statements posted have been largely anecdotal/showing one instance like Questionmark's NY - abolishing rent control wouldn't make people build more apartments next to the ones that were rent controlled as there's no space.
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Ruvan22
08/18/23 5:03:13 PM
#46:


Questionmarktarius posted...
I'm moving into your place tonight. Better get a bed ready.

Why do you keep avoiding the question?

Questionmarktarius posted...
Rather, what does get built is "luxury" units and condos, specifically to evade rent controls.

Again I'd love to see proof - right now (per your argument of profit always driving everything) companies tend to favor building luxury things like lofts as they'll get more profit.
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ElMaton04
08/18/23 5:03:32 PM
#47:


That's jacked up if it does.
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Questionmarktarius
08/18/23 5:05:28 PM
#48:


Ruvan22 posted...
Why do you keep avoiding the question?
Nobody is forbidden from owning or renting, outside of very esoteric reasons (such as being a minor). Yet, there is no right to compel use of someone else's property without compensation.

Again I'd love to see proof - right now (per your argument of profit always driving everything) companies tend to favor building luxury things like lofts as they'll get more profit.
That is the proof. There is little or no profit in building a rent-controlled building.
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g980
08/18/23 5:51:35 PM
#49:


RedWhiteBlue posted...
My opinion is we limit how many housing related properties people (and companies that belong to people / corporate umbrellas) may own. The details are much more complicated, but the idea is not having 10 or 100 properties to take advantage of what should be, but is not, the human right to adequate housing.


*watches new construction dry up*

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