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.