Sobel v. Higgins
New York Supreme Court
573 N.Y.S.2d 1000 (1991)
The City of New York (city) (defendant) had a rent-control law that served the purpose of preserving affordable housing. Under the law, a landlord of a rent-controlled property was generally not permitted to withdraw the property from the rental market. But the law allowed for an exception if a landlord’s net annual return fell below 8.5 percent of the value of the property. Denise Sobel (plaintiff), the landlord of a rent-controlled property in the city, brought suit to challenge the law. Specifically, Sobel contended that the law constituted a regulatory taking, thereby entitling her to just compensation. The city filed a motion to dismiss. The trial court took the motion under advisement.
Rule of Law
Holding and Reasoning (Schoenfeld, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 725,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 725,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.