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Recent Constitutional Challenges to Rent Regulations

SKU: LLT010
Total Credits
1 - 1.2
Price$50
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Description

How is it that state governments can require landlords to hold rents below market levels without running afoul of the Fifth Amendment’s command that no person shall be “deprived of … property, without due process of law; nor shall private property be taken for public use, without just compensation”?

This question has been raised and answered in various ways since the 1920’s – almost always in favor of government authority to regulate rents. In this CLE course, we will examine recent federal court challenges to New York’s rent laws and the possibility of review by the U.S. Supreme Court, as well as a partially successful due process challenge to recent statutory changes before the New York Court of Appeals.

Lecturer Bio

Timothy Collins, Esq.

Timothy Collins is a founding partner of Collins, Dobkin & Miller LLP – a New York City based law firm which represents tenants and tenant associations. Mr. Collins served as executive director of the New York City Rent Guidelines Board from 1987 to 1994.

He is the author of an Introduction to the NYC Rent Guidelines Board and the Rent Stabilization System ; "Fair Rents" or "Forced Subsidies" Under Rent Regulation: Finding a Regulatory Taking Where Legal Fictions Collide, 59 Alb. L. Rev. 1293 (1996) and Rent Regulation in New York: Myths & Facts (2nd Ed 2009).

Mr. Collins co-authored amicus briefs for several tenant organizations in Community Hous. Improvement Program v City of NY, 59 F.4th 540 (2d Cir 2023) and 74 Pinehurst LLC v New York, 2020 US Dist LEXIS 217232 [EDNY Nov. 19, 2020).

He is an adjunct associate professor at Pace University where he teaches constitutional history and American history. Mr. Collins received an LLM from New York University School of Law in 1995, a JD from New York Law School in 1985 and a BA from the University of Vermont in 1981.



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