The Fifth Amendment of the United States Constitution prohibits the government’s taking of private property without adequate compensation. Rent controls and rent stabilization unduly burden property owners by depriving them of market rate rental revenue. Furthermore, these methods of producing artificially low rents are often ineffective, failing to alleviate the financial hardships of the programs’ intended beneficiaries. Due to these dual aspects of rent control and rent stabilization programs— as well as by analogizing the programs to more classically recognized forms of regulatory takings, such as where the government deprives a property owner of all reasonable uses of his land—this Note reasons that rent control and rent stabilization measures also constitute unconstitutional takings.
Property Law and Real Estate
- Journal title
Boston College Environmental Affairs Law Review
- Date submitted
6 September 2022