Landlords have often tried to sue in court to end the NYC rent stabilization laws, which provide for over 1 million affordable apartments in New York City. But today a lawsuit, Harmon v. Kimmel, is challenging the constitutionality of theses laws, which could result in a hearing with the US Supreme Court as early as October 2012. New York State and the City have until March 5th to respond to the challenge.

State Senator Liz Kruger told NY1 “The truth is if we were starting from scratch we might not have rent regulation laws. There are flaws, just as there are flaws in every law. The bottom line for New York City is absent the continuation of over a million units of affordable housing, we would have a homeless crisis beyond any of our comprehension.”

Apparently the Harmons inherited the property, and wanted to evict two of the rent control tenants to give the space to family members. They took it to court and have lost twice in lower courts. The lawyers on behalf of the Harmon family are asking the Supreme Court to review the two lower court decisions that ruled against them.

Conservative legal advocates are filing briefs in favor of the Harmons. The Cato Institute, a libertarian think tank, wrote in their brief that the court should consider this case as a violation of the Due Process Clause of the Fourteenth Amendment. In other words, laws that “prevent property owners any meaningful avenue for defending their property from onerous and irrational regulations” is unconstitutional.

With a conservative court, could we see an end to rent control in NYC?

Watch the news story on NY1.

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