Rent control is a bad housing policy that won’t go away. Unfortunately, this term, the U.S. Supreme Court refused to review not one, not two, but three cases that challenged New York City’s 2019 iteration of the bad housing policy, euphemistically labeled “rent stabilization.” But thanks to Justice Clarence Thomas, the proverbial third strike might not be the last for opponents of rent control.
In a statement accompanying the last case the court denied, 74 Pinehurst v. New York, Thomas left the door open and provided a road map for future challenges.
This is important because rent control programs can be complex. And understanding what the court is looking for in a future challenge is crucial to crafting a successful argument.
While rent control programs vary, they generally function in two basic ways. First, the government caps rent at a certain amount, with that cap…
