Read the Beforeitsnews.com story here. Advertise at Before It's News here.
Profile image
Story Views
Now:
Last hour:
Last 24 hours:
Total:

Requiring Landlords to Provide Lifetime Leases to Tenants Violates the Constitution

% of readers think this story is Fact. Add your two cents.


Trevor Burrus and Stacy Hanson

Peyman Pakdel is an engineer in Northeast Ohio who saved up for years to purchase an apartment in San Francisco where he intends to retire. He purchased the apartment in 2009, but did not immediately plan to live there, so he leased it to a tenant. The six units in the complex intend to turn the properties into condominiums, but in 2013 the city passed an ordinance requiring landlords to offer tenants lifetime leases if they want to convert units to condominiums. In other words, Pakdel won’t be able to occupy the property in which he has invested so much.

Ordinances like this are one of the reasons San Francisco has a fundamentally broken housing market. Recently, for example, a laundromat owner spent five years and over a million dollars in legal fees fighting with the city to convert his property to condos. As a result of such policies, housing has become scarce and rents in the town are the highest per square foot in the country. Thankfully, if the Takings Clause is properly interpreted by judges, many silly ordinances would run afoul of the Constitution.

Not being able to live in an apartment you own is clearly a significant infringement on property rights. Pakdel filed suit, arguing that the city’s restrictions violate the Fifth Amendment’s Takings Clause, which prohibits the government from taking private property for public use without just compensation. The Ninth Circuit ruled, however, that because the conditions in San Francisco derive from a legislative ordinance rather than an ad hoc permitting condition, no Fifth Amendment violation occurred. Pakdel has asked the U.S. Supreme Court to set the Ninth Circuit straight by making clear that the Takings Clause prohibits such permitting conditions whether they come from a legislature or a discretionary permitting process.

Cato has filed a brief supporting Pakdel’s petition to the Court. We argue that there is no basis in the Takings Clause for distinguishing between legislative conditions and ad hoc permitting conditions. To the landowner, the effect is the same: the government imposes onerous conditions before allowing them to use their land. Moreover, legislatively imposed conditions are worse because they have broader effects, thus magnifying the unconstitutional harms to property owners. Finally, there is no reason to expect less abuse from the legislature than from permitting officials. Legislatures are prone to being captured by special interests who demand all sort of exactions from and conditions on landowners. Government officials, whether they are legislators or permitting clerks, often see taking property without compensation as a way to get something for nothing. The Supreme Court should take Pakdel’s case to clarify that property rights are not second‐​class rights.



Source: https://www.cato.org/blog/requiring-landlords-provide-lifetime-leases-tenants-violates-constitution


Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Please Help Support BeforeitsNews by trying our Natural Health Products below!


Order by Phone at 888-809-8385 or online at https://mitocopper.com M - F 9am to 5pm EST


Order by Phone at 888-809-8385 or online at https://www.herbanomic.com M - F 9am to 5pm EST


Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!

HNEX HydroNano EXtracellular Water - Improve immune system health and reduce inflammation

Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.

MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)
Oxy Powder - Natural Colon Cleanser!  Cleans out toxic buildup with oxygen! 
Nascent Iodine - Promotes detoxification, mental focus and thyroid health.
Smart Meter Cover -  Reduces Smart Meter radiation by 96%!  (See Video)

Immusist Beverage Concentrate - Proprietary blend, formulated to reduce inflammation while hydrating and oxygenating the cells.

Report abuse
Loading...

    Comments

    Your Comments
    Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

    MOST RECENT
    Load more ...

    SignUp

    Login

    Newsletter

    Email this story
    Email this story

    If you really want to ban this commenter, please write down the reason:

    If you really want to disable all recommended stories, click on OK button. After that, you will be redirect to your options page.