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Regulatory Takings And The Constitutionality Of Commercial Rent Regulation In New York City, Henry Topper
Regulatory Takings And The Constitutionality Of Commercial Rent Regulation In New York City, Henry Topper
Cornell Law Review
This Note surveys the current status of small businesses and commercial tenant law in New York City and discusses whether or not the Small Business Jobs Survival Act (SBJSA) and commercial rent control are constitutional in light of current regulatory takings jurisprudence. Part I surveys the history of land use regulations in the city, the introduction of residential rent control, and the city's brief flirtation with commercial rent control in the mid-20th century. Part II explains the decline and current state of small businesses and the commercial law regime in the city, including the SBJSA proposal. Part III describes the …