Saturday, May 12, 2012

Owner-Occupant Landlord Considers Giving Up Multi-Unit NYC Brownstone After Rent Control Challenge Falls Flat

In New York City, the New York Post reports:
  • The lawsuit that almost overturned the city’s rent-control laws only succeeded in upending the lives of the Upper West Side couple who brought the case. After the Supreme Court refused to hear New York’s highest-profile lawsuit challenging rent control, landlords James and Jeanne Harmon said they may have to sell the five-story town house at the center of the battle — a brownstone their family has called home for three generations.

  • The case has been costly. The couple had to put off retirement, they cannot provide homes for their grandchildren and they are treated like pariahs by some neighbors on West 76th Street. “We feel total uncertainty about the future at age 69,” James Harmon, a Vietnam veteran and former federal prosecutor, told The Post. “This was devastating to our family because the house is part of our family. This is the place I grew up, and this is the place my mother died. We should be able to keep this house, but we don’t know if we can continue to do that.”

  • Harmon argued the city’s 43-year-old rent-regulation laws violated the Fifth Amendment, which protects private property from seizure for public use without “just compensation.” Harmon claimed the rent law denies him that compensation, forcing him to bankroll the lifestyles and second homes of his tenants.

  • The Harmons occupy an elegant one-bedroom apartment on the building’s parlor floor. They rent six one-bedroom units: three at market value and three at rent-stabilized rates 59 percent below market.
For more, see ‘Ruined’ by rent control (Landlords may lose home).