74 PINEHURST LLC v. NEW YORK

Nos. 21-467(L), 21-558(Con) August Term 2021.

59 F.4th 557 (2023)

74 PINEHURST LLC, 141 Wadsworth LLC, 177 Wadsworth LLC, Dino Panagoulias, Dimos Panagoulias, Vasiliki Panagoulias, Eighty Mulberry Realty Corporation, Plaintiffs-Appellants, New York Tenants and Neighbors; Community Voices Heard; Coalition for the Homeless, Intervenors, v. State of NEW YORK, New York Division of Housing and Community Renewal, Ruthanne Visnauskas Individually and in her Official Capacity as Commissioner of New York State Division of Housing and Community Renewal, City of New York, New York City Rent Guidelines Board, David Reiss in his Official Capacity as Chair of the Rent Guidelines Board, Alex Schwartz in his Official Capacity as a Member of the Rent Guidelines Board, Arpit Gupta in his Official Capacity as a Member of the Rent Guidelines Board, Christian Gonzalez-Rivera in his Official Capacity as a Member of the Rent Guidelines Board, Christina Derose in her Official Capacity as a Member of the Rent Guidelines Board, Robert Ehrlich in his Official Capacity as a Member of the Rent Guidelines Board, Christina Smyth in her Official Capacity as a Member of the Rent Guidelines Board, Sheila Garcia in her Official Capacity as a Member of the Rent Guidelines Board, and Adán Soltren, in his Official Capacity as a Member of the Rent Guidelines Board, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 6, 2023.


Attorney(s) appearing for the Case

Kevin King ( Mark W. Mosier , Ethan A. Sachs , Covington & Burling LLP, Washington D.C., Jonathan M. Sperling , S. Conrad Scott , Jordan S. Joachim , Covington & Burling LLP, New York, NY, on the brief), for Plaintiffs-Appellants,

Ester Murdukhayeva , Deputy Solicitor General for the State of New York, Letitia James , Attorney General for the State of New York, Barbara D. Underwood , Solicitor General, Steven C. Wu , Deputy Solicitor General, Caroline A. Olsen , Assistant Solicitor General, Of Counsel, New York, N.Y., for Defendant-Appellee RuthAnne Visnauskas,

Caitlin J. Halligan ( Sean P. Baldwin , Michael Duke , Babak Ghafarzade , Sophie Lipman , on the brief, Selendy & Gay PLLC), for Intervenors,

Claude S. Platton , Assistant Corporation Counsel for the City of New York, James E. Johnson , Corporation Counsel for the City of New York Richard Dearing , Jesse A. Townsend , Of Counsel, New York, N.Y., for Defendants-Appellees City of New York, Rent Guidelines Board, David Reiss, Arpit Gupta, Alex Schwarz, Christian Gonzalez-Rivera, Christina DeRose, Robert Ehrlich, Christina Smyth, Sheila Garcia, Adán Soltren, RuthAnne Visnauskas.

Before: CALABRESI, PARKER, and CARNEY, Circuit Judges.


Plaintiffs-Appellants are trade associations of managing agents and owners of rental properties in New York City that include rent-stabilized units (collectively, "Pinehurst"). Plaintiffs-Appellants appeal from a judgment of the United States District Court for the Eastern District of New York (Komitee, J...

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