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Pryor Cashman Files Amicus Briefs in Supreme Court Cases Challenging Prudential Ripeness Doctrine

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Pryor Cashman filed amicus briefs on behalf of the New York Apartment Association (NYAA) in support of petitions for certiorari in two important property-rights appeals currently before the U.S. Supreme Court: Garnell Walls v. Prince George’s County and Tedford’s Tenancy, LLC v. City of New York.

Partner Maxwell Breed and Counsel Matthew A. Marcucci submitted the briefs, which request that the Court reject the application of the prudential ripeness doctrine to the petitioners’ claims. NYAA’s interest in these cases stems from the burdens its stakeholders face under New York’s rent-stabilization laws. “NYAA’s stakeholders are subject to perhaps the most restrictive rent-regulatory regime in the United States and confront increasing government-mandated expenses without meaningful relief or remedy,” the briefs explain, and prudential ripeness exacerbates these challenges by permitting courts to dismiss otherwise justiciable cases until claimants exhaust burdensome or futile administrative processes. The briefs single out New York City’s hardship rent-adjustment process as an example of one such process: “[H]ardship adjustments are remedies in name only. They are exceedingly difficult to obtain or otherwise insufficient to address the hardships imposed by the attendant rent regulations.” Because prudential ripeness affects the petitioners and NYAA’s stakeholders alike, the briefs urge the Court to grant certiorari.

Read the full amicus briefs using the links below.