The Supreme Court announced this morning that it will not hear the legal challenge filed by New York landlords James and Jeanne Harmon against the city’s famous rent stabilization law. Because the Harmons previously lost at the U.S. Court of Appeals for the 2nd Circuit, which upheld the law as a legitimate exercise of state regulatory power, New York’s rent regulation scheme will remain in place. As I’ve previously noted, there was some reason to think that the Court might hear this case. In addition to the substantial Fifth Amendment issues the Harmons raised, the Supreme Court signaled its interest by instructing New York city and state officials to submit briefs responding to the Harmons’ appeal even though those same officials had initially waived their right to respond. Unfortunately for the Harmons, while one or more justices were apparently interested in hearing Harmon v. Kimmel, those justices were not able to marshal the four votes needed for a grant of certiorari.
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