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| AP Photo/Damian Dovarganes |
The Supreme Court on Monday refused to hear a case brought by more than a dozen landlords challenging Los Angeles’ moratorium on evictions during COVID-19.
The landlords argued that the nonpayment of rent constituted a taking of their property in violation of the Constitution.
It would have taken four justices to vote in favor of hearing the dispute, GHP Management Corporation v. City of Los Angeles, for oral arguments to be granted during the court’s next term, which begins in October.
Justice Clarence Thomas dissented from the court’s denial to review the case. He was joined by Justice Neil M. Gorsuch. --->READ MORE HERE
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| Mariam Zuhaib / Associated Press |
With two conservatives in dissent, the Supreme Court on Monday turned down a property-rights claim from Los Angeles landlords who say they lost millions from unpaid rent during the COVID-19 pandemic.
Without comment, the justices said they would not hear an appeal from a coalition of apartment owners who said they rent "over 4,800 units" in "luxury apartment communities" to "predominantly high-income tenants."
They sued the city seeking $20 million in damages from tenants who did not pay their rent during the COVID-19 pandemic.
They contended the city's strict limits on evictions during that time had the effect of taking their private property in violation of the Constitution.
In the past, the court has repeatedly turned down claims that rent control laws are unconstitutional, even though they limit how much landlords can collect in rent.
But the L.A. landlords said their claim was different because the city had effectively taken use of their property, at least for a time. They cited the 5th Amendment's clause that says "private property [shall not] be taken for public use without just compensation."
"In March 2020, the city of Los Angeles adopted one of the most onerous eviction moratoria in the country, stripping property owners ... of their right to exclude nonpaying tenants," they told the court in GHP Management Corporation vs. Los Angeles. "The city pressed private property into public service, foisting the cost of its coronavirus response onto housing providers."
"By August 2021, when [they] sued the City seeking just compensation for that physical taking, back rents owed by their unremovable tenants had ballooned to over $20 million," they wrote.
A federal judge in Los Angeles and the 9th Circuit Court of Appeals in a 3-0 decision dismissed the landlords' suit. Those judges cited the decades of precedent that allowed regulation of property.
The court had considered the appeal since February, but only Justices Clarence Thomas and Neil M. Gorsuch voted to hear the case of GHP Management Corp. vs. City of Los Angeles. --->READ MORE HEREFollow links below to relevant/related stories and resources:
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