COMMUNITY HOUS. IMPR. PROGRAM v. CITY OF NEW YORK

No. 20-3366-cv August Term 2021.

59 F.4th 540 (2023)

COMMUNITY HOUSING IMPROVEMENT PROGRAM; Rent Stabilization Association of N.Y.C., Inc.; Constance Nugent-Miller; Myack Associates, LLC; Vermyck LLC; M&G Myack LLC; Cindy Realty LLC; Danielle Realty LLC; Forest Realty, LLC, Plaintiffs-Appellants, New York Tenants and Neighbors; Community Voices Heard; Coalition for the Homeless, Intervenors, v. CITY OF NEW YORK; Rent Guidelines Board, David Reiss, Arpit Gupta, Alex Schwarz, Christian Gonzalez-Rivera, Christina DeRose, Robert Ehrlich, Christina Smyth, Sheila Garcia, Adán Soltren, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 6, 2023.


Attorney(s) appearing for the Case

Andrew J. Pincus (Timothy Bishop (Chicago), Reginald R. Goeke (Washington D.C.), Robert William Hamburg (New York City), on the brief), Mayer Brown LLP, for Plaintiffs-Appellants.

Ester Murdukhayeva, Deputy Solicitor General for the State of New York, Letitia James, Attorney General for the State of New York, Barbara D. Underwood, Solicitor General, Steven C. Wu, Deputy Solicitor General, Caroline A. Olsen, Assistant Solicitor General, Of Counsel, New York, N.Y., for Defendant-Appellee RuthAnne Visnauskas,

Claude S. Platton, Assistant Corporation Counsel for the City of New York, James E. Johnson, Corporation Counsel for the City of New York, Richard Dearing, Jesse A. Townsend, Of Counsel, New York, N.Y., for Defendants-Appellees City of New York, Rent Guidelines Board, David Reiss, Arpit Gupta, Alex Schwarz, Christian Gonzalez-Rivera, Christina DeRose, Robert Ehrlich, Christina Smyth, Sheila Garcia, Adán Soltren, RuthAnne Visnauskas,

Caitlin J. Halligan (Sean P. Baldwin, Michael Duke, Babak Ghafarzade, Sophie Lipman, on the brief, Selendy & Gay PLLC), for Intervenors.

Before: CALABRESI, PARKER, and CARNEY, Circuit Judges.


The New York City Rent Stabilization Law ("RSL") was first enacted in 1969 as part of a decades-long legislative effort to address the myriad problems resulting from a chronic shortage of affordable housing in the City. The RSL is designed to prevent excessive rent levels and to ensure that property owners can...

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