As October draws to a close, the U.S. Supreme Court has yet to announce its decision on whether to hear the critical New York rent control case of 74 Pinehurst, LLC v. State of New York, initially expected earlier this month. The prolonged wait adds another layer of uncertainty for property owners.
Although a decision was anticipated as early as today, Monday, Oct. 30, the court has now relisted the case for consideration again at its conference scheduled for Thursday, Nov. 3.
In an amicus brief, CAA has urged the Supreme Court to take the case, viewing it as a key challenge to New York City’s rent control and just cause eviction laws, which it argues restrict property rights.
The case’s higher-profile companion, Community Housing Improvement Program v. City of New York, was turned down earlier this month. Though narrower in scope than its companion, the 74 Pinehurst case is seen as an opportunity for the court to set new precedents on property rights.
Several scenarios could explain the Supreme Court’s delays this month. It might be weighing whether the case serves as a suitable “vehicle” for the legal issue at hand. Alternatively, the court could be contemplating a summary disposition, effectively issuing a decision without allowing for briefing and oral argument. Another possibility is that internal disagreements among the justices are leading to the delay.