A conservative Supreme Court could consider new challenges to rent regulation. 

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Could the presidential election this year have any impact on renters in New York?

The outcome of this year’s election could have a major impact on New York City tenants, and it comes down primarily to who will make appointments to the Supreme Court, says Sam Himmelstein, an attorney at Himmelstein, McConnell, Gribben & Joseph who represents residential and commercial tenants and tenant associations.

Last month, the Court declined to hear cases challenging rent stabilization law in New York, a huge relief to tenant advocates who were concerned that the regulations protecting renters could be overturned.

“It took a long time for them to decide, and we were getting nervous,” Himmelstein says.

Rent stabilization remains safe for now. However, Supreme Court Justice Clarence Thomas indicated that the questions raised by the challenges could be worth considering in the future.

“It was almost like he gave a blueprint for new cases,” Himmelstein says. “Some of the conservative justices on the Court have announced an agenda to dismantle the administrative state. They don’t like the idea of the government regulating private business and making laws to protect people at the expense of corporations.”

This agenda is leading tenant advocates to worry that if one of the liberal-leaning justices were to die or retire, they could be replaced by another conservative appointee under a Trump administration. This in turn could mean a Supreme Court that is more likely to take on cases targeting rent regulation.

“It’s going to be critical for tenants not to have Trump appointing more justices,” Himmelstein says. “Given their small government agenda, I could see Supreme Court justices trying to get at rent regulation in New York.”

As ever, NYC renters should keep informed about their rights and how those rights could change under new state and federal leadership. Himmelstein encourages New Yorkers to not only vote, but also to consider what other civic actions they could take in order to protect their rights as tenants.

Related: 

Ask Sam: What is the latest on the rent stabilization lawsuits before the Supreme Court? (sponsored) 

Ask Sam: Will the U.S. Supreme Court end rent stabilization? (sponsored) 

Ask Sam: Are landlords less likely to take tenants to housing court because of the new rent laws? (sponsored) 

Read all our Ask a Renters Rights Lawyer columns here.

Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam or call (212) 349-3000.

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topics:

Ask a Renters Rights Lawyer rent regulation tenants tenants' rights