No. 20-4238-cv August Term 2020.

16 F.4th 992 (2021)

Marcia MELENDEZ, Jarican Realty Inc., 1025 Pacific LLC, Ling Yang, Top East Realty LLC, Haight Trade LLC, Elias Bochner, 287 7th Avenue Realty LLC, Plaintiffs-Appellants, v. CITY OF NEW YORK, a municipal entity, Mayor Bill De Blasio, as Mayor of the City of New York, Commissioner Louise Carroll, Commissioner of New York City Department of Housing Preservation & Development, Commissioner Jonnel Doris, Commissioner of New York City Department of Small Business Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 28, 2021.

Attorney(s) appearing for the Case

Claude G. Szyfer , Stroock & Stroock & Lavan LLP, New York, New York, for Plaintiffs-Appellants.

Jamison Davies , Assistant Corporation Counsel ( Richard Dearing , Devin Slack , on the brief), for James E. Johnson , Corporation Counsel of the City of New York, New York, New York, for Defendants-Appellees.

Deborah E. Riegel , Rosenberg & Estis, P.C., New York, New York, for amici curiae Rent Stabilization Association of N.Y.C., Inc. and Community Housing Improvement Program.

Michael J. Harris , Jonathan A. Herstoff , Haug Partners LLP, New York, New York; Arthur Kats , Volunteers of Legal Service, New York, New York, for amicus curiae Volunteers of Legal Service.

LiJia Gong , Public Rights Project, Brooklyn, New York, for amici curiae the Cities of Chicago, Santa Monica, and 17 Additional Local Governments.

Joshua A. Matz , Raymond P. Tolentino , Molly Webster , Kaplan Hecker & Fink LLP, New York, New York, for amici curiae Constitutional Law Scholars.

Judge CARNEY concurs in the result in part and dissents in part in a separate opinion.

In response to the COVID-19 pandemic, governments at all levels—federal, state, and local—enacted laws to address health, safety, and economic concerns. Some of these laws have operated affirmatively, with the federal government in particular appropriating trillions of dollars to fund vaccine development...


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