Controversial opinion, but shouldn’t capitalism allow the free market to decide rental rates and tenancy durations? Why are rental incomes regulated. I completely understand having regulations for health and safety reasons (maintenance needs to be enforced, apartments need to be liveable) but why control the prices in a capitalist society?
this post was submitted on 20 Feb 2024
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... violated the Constitution’s ban on taking of private property for public use.
Do they think that regulating the usage of private property is the same as having it taken away? Was their argument really "As long as it's on my property, I should be able to do whatever I want, whenever I want, to whomever I want. Anything else is a violation of my rights!"
Regulating can be a violation of the Takings Clause. It just isn’t here.
Property can be "taken" by the government, this sometimes happens when zoning laws change. For example, if the zoning of the property was changed from residential to agricultural. Then the owner could argue that the value of the property was "taken" by by the government and they would likely win the case. Regardless of if the owner was a landlord or the owner of a vacant lot.
To be clear, I'm not commenting on the original issue, but intend to only provide information about the laws related to this issue.
The argument is that there exists some level of regulation by the government at which point you can claim that you functionally do not have ownership of the thing in question.
That bar is definitely very high - consider landmark laws where you can be legally forced to maintain certain aesthetics or can be prevented from knocking down a money pit that you also functionally can't sell - hence this case failing, but it's not an absolutely absurd argument in general principle.
Unpopular opinion of the day : I think the justice needed to hear this case.
No you definitely don’t want the SCOTUS touching this until after Thomas and Alito die.
Given how rapacious landlords have been for all of history, I'd be curious to hear your reasoning.
To shoot it down and form precedent.
form precedent
That's a big ask from the same scotus that shot down a 50 year precedent.