1. introduction: the power of legislature to allocate wealth



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Seawall Associates v. City of New York (1989) – NYC law says you can’t demolish, alter or convert single room occupancy properties (i.e. anything that takes them off the market) but must restore them to habitable condition  says purpose is the prevent homelessness

        • Court holds that on its face, this legislation is a physical taking because it interferes drastically with the property owners rights to possess and exclude

        • Unlike in Yee, law is a taking b/c LL required to take persons not already in residence and not allowed to tear down buildings

    • Manocherian v. Lenox Hill Hospital (1994) – NY passed statute requiring people to occupy the premises most of the time This was problem for some hospitals, who rented apts. then sublet them to staff members who needed to live close to the hospital, so NYC passed new law saying this does not apply to non-profit hospitals

        • court strikes down law as spot legislation and therefore unconstitutional

    • Hudson View Properties v. Weiss (1983) – Landlord can evict tenant's lover from apartment because lover is not part of traditional family as required in statute

        • Court says legislature can respond by enacting statute

    • New York Laws of 1983, ch. 403 (1983) – "Any lease/rental agreement for residential premises entered into by one tenant shall be construed to permit occupancy by the tenant, immediate family of the tenant, one additional occupant, and dependant children of the occupant."

    • Braschi v. Stahl Associates (1989) - 2 guys basically family, would be married allowed. Purpose of NY statute giving the spouse the right to stay in an apt. after the spouse dies is to not add to the tragedy of death by evicting them as well.



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