Inside the legal strategy to topple New York’s rent law

The architect behind the federal lawsuit, Andrew Pincus, discusses the case

TRD New York /
Jun.June 16, 2020 07:05 AM

A month after the new rent law was minted, real estate industry groups filed a federal lawsuit to dismantle it and named attorney Andrew Pincus as their champion.

The plaintiffs, the Rent Stabilization Association and the Community Housing Improvement Program, argue that the rent law signed in 2019 violates the U.S. Constitution’s Fifth and Fourteenth Amendments. To make their case, the RSA and CHIP engaged Pincus, a seasoned litigator from Washington D.C. firm Mayer Brown.

In an interview with The Real Deal’s Kathryn Brenzel and Georgia Kromrei (before the city shuttered because of coronavirus), Pincus detailed the legal strategy behind the challenge, which was 18 months in the making, and gave an update on its progress.

He also detailed the “draconian” new rent regime that has been in place since June 2019 — and explained why he believes taking the issue to the Supreme Court is the best way to head off rent control expansion in New York and elsewhere.

Video by Gregory Prosser. Edited by Brett Miller.


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