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Save the Date! RSA & CHIP to Host Virtual Panel Discussing Constitutional Lawsuit

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Two and a half years after RSA and the Community Housing Improvement Program (CHIP) filed a joint federal lawsuit challenging the constitutionality of the New York State Rent Stabilization Law (RSL), our organizations are ready to provide our membership with important updates as we reach a critical juncture in our legal efforts.

Although we asked for the patience of our membership after filing this historic lawsuit, we have provided all important updates with regard to this legal challenge every step of the way. By way of background, the lawsuit was filed in July 2019 against the City and State in the United States District Court for the Eastern District of New York and asserts that the RSL violates the Due Process and Takings protections of the United States Constitution, depriving property owners of their constitutional rights. It was subsequently dismissed by Judge Eric Komitee in the District Court in September 2020 on the grounds that Second Circuit precedents support the law’s constitutionality.

In January 2021, our legal team filed an appeal before the United States Court of Appeals for the Second Circuit where RSA and CHIP planned to argue that the prior decisions addressed different legal claims and a different law (prior to the Housing Stability and Tenant Protection Act of 2019), and, most importantly, relied on legal principles that the United States Supreme Court subsequently rejected. Now, after nearly a year of waiting for a court date, our legal team will provide oral arguments on our constitutional challenge to the United States Court of Appeals for the Second Circuit on February 16, 2022.

In anticipation of this critical juncture in our legal process and in lieu of a regular RSA membership meeting, we are proud to announce that on Wednesday, January 26th, RSA and CHIP will host a virtual panel discussion to update our membership on the progress of our joint federal lawsuit.

The panel will be moderated by RSA Chairman Aaron Sirulnick and CHIP President Zachary Kerr and will feature guest speaker Andrew Pincus of Mayer Brown LLP, lead counsel representing RSA and CHIP. As you may recall, Mr. Pincus provided an in-person presentation to our membership in September 2019 at the Roosevelt Hotel to discuss this historic lawsuit. At the event, which was attended by over 400 RSA and CHIP members, Mr. Pincus provided background of how the lawsuit came into fruition, the details of the lawsuit itself, and fielded dozens of questions from the audience.

This upcoming virtual panel discussion will now give Mr. Pincus an opportunity to not only update our members about our progress since the last event, but shed light as to why our legal team continues to remain optimistic that we can ultimately prevail at the United States Supreme Court.

As we went to press, RSA and CHIP were finalizing the details for this event, such as what time it will take place and how participants will be able to register. Please keep in mind that this panel discussion will be held via Zoom and not in-person. All final details, as well as registration information, will be provided via email blast shortly after the holidays. Be on the lookout for important updates about this event and in the meantime, mark the date on your calendars! 

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