“See You in Court: Challenging the HSTPA as Unconstitutional"
A few short months after the legislature passed and the governor signed the Housing Stability and Tenant Protection Act, the BRI, the Apartment Owners Advisory Council (AOAC) and several multifamily property owners brought filed the lawsuit in the U.S. District Court, Southern District of New York in White Plains. The lawsuit stresses that the HSTPA violates the U.S. Constitution and the N.Y. State Constitution, constitutes an unlawful “taking” without compensation, and is an arbitrary exercise of governmental power. It listing the negative effects from this legislation, the suit contends, “there can be no doubt that the HSTPA’s irrationality and arbitrariness, and its web of restrictions, overrides the fundamental rights of property owners and imposes unconstitutional burdens on property owners of pre-1974 buildings (the ETPA threshold).”
At our June General Membership meeting, Kenneth Finger, BRI Counsel and principal of Finger & Finger, A Professional Corporation, and Carl Finger Esq. will lay out the constitutional arguments and legal theory, the progress to date in federal court, and the plan to fight HSTPA on every level including federal court.
We'll begin with informal networking and discussion at 5:30 PM.
The main program will begin at 6:00 PM.