Rose & Rose, Cooper & Kirk file action asserting HSTPA is Unconstitutional

Rose & Rose, Cooper & Kirk file action asserting HSTPA is Unconstitutional

Rose & Rose, Cooper & Kirk file action asserting HSTPA is Unconstitutional

On February 6, 2020, Rose & Rose, with co-counsel Cooper & Kirk, filed the action 335-7 LLC v. City of New York in the federal district court for the Southern District of New York. The action is a broad frontal attack on the Housing Stability and Tenant Protection Act, and more generally the post-HSTPA Rent Stabilization Law. We are challenging the HSTPA as both a regulatory taking and as a physical taking, and both on its face and as applied to our plaintiffs. We are also challenging the HSTPA’s elimination of all statutes of limitation and look back limitations in rent overcharge cases, which we claim is a denial of due process of law to owners compelled to produce records the state previously advised could be discarded.


Click here to read and download the federal complaint