By Anastasia Boden
Saturday, January 31, 2026
By embracing rent control, New York City’s mayor is
recycling a policy that feels compassionate but fails everyone it touches.
In November 1992, a group of residential landlords in New
York City met to organize a “full-fledged campaign” to repeal the
city’s rent-control and rent-stabilization laws. They said the laws,
implemented during World War II, were “buying votes on the backs of property
owners.”
“Rent control puts an unfair burden on the small
landlord,” said Lee Sterling, then director of the American Property Rights
Association, at the meeting in downtown Brooklyn. He complained that the rent
laws were damaging because “the big landlords can benefit from tax abatements
and tax exemptions that the little guys cannot receive.” But his concerns were
ignored, and rent control stayed in place.
Two weeks before the meeting, a baby was born who would
one day become mayor of New York. And given Zohran
Mamdani’s current support of rent-control laws, it seems as if he knows
nothing about the effect of rent control for the first five decades before he
was born, nor for the subsequent 33 years he has been alive.
The idea that rent control doesn’t work is one of the
most settled issues in economics. Because it reduces the incentive to build, it
exacerbates housing shortages. Because landlords cannot raise rents to reflect
costs, it discourages proper maintenance and leads to aging housing stock. And
because it nudges people to stay where they are, it leads to a system that
benefits only those who get there first — not necessarily those who need
subsidies the most.
Mamdani’s administration has effectively admitted as
much. In a recent court filing attempting to stave off a company’s purchase of
a slew of buildings in New York City, attorneys for the city argued that the sale would “not lead to a supportable
business” by virtue of being rent-controlled. In other words, the low rents
mean the buyer wouldn’t be able to keep the properties up to code. Yet Mamdani
has forged ahead with a promise to freeze rent on the city’s nearly 1 million
rent-stabilized apartments. Such a plan would affect nearly 30 percent of New York City’s population.
New York, like San Francisco, Los Angeles, Seattle, and
other major U.S. cities, is undoubtedly suffering from too few homes and too high prices. But rent control does nothing to address
the root causes of these things: arbitrary zoning laws; lengthy and expensive
permitting systems; and parking, solar, and other expensive mandates that
thwart innovative housing solutions. These forces are at work in New York City,
which has steadily limited high-density zoning and continues to implement an
expensive permitting scheme that can take months, if not years, to
surmount. Price caps slap a highly visible but sloppy Band-Aid on a problem
that, in the long run, exacerbates the wound while allowing politicians to
claim they lowered prices.
It’s obviously bad policy, but is any of it legal?
Because rent control interferes with the right to control one’s property, it
implicates serious constitutional concerns. After all, under the takings and
due process clauses, the government cannot take private property without
offering “just compensation,” or deprive people of their constitutional rights
without good reason. The Supreme Court has blessed
rent control in the past, but it did so under wartime pressures and an influx
of returning soldiers after World War I. Back then, the Court justified the
burden on the property rights of landlords as a necessity of “emergency.”
Under modern circumstances and with the benefit of
decades of economic research, the Court might reconsider. After all, some forms
of rent control prevent landlords not only from setting rent on their own terms
but also from evicting tenants — forcing them to tolerate people on their
property against their will. The right to include (or exclude) others is one of
the most basic aspects of property ownership. Justices Clarence Thomas and Neil
Gorsuch therefore have serious concerns about the constitutionality of these
schemes. In a case directly involving the constitutionality of New York City’s
rent-control ordinances, Thomas (joined by Gorsuch) said that though the particular case was not a good vehicle
for the issue, he would be willing to take it up on behalf of a different
plaintiff. And indeed, new plaintiffs are already lining up with the hopes of getting a case before the high
court.
Rent control is not a bold idea. It is an old one —
tried, studied, and discarded everywhere that serious housing reform has taken
place. Its political appeal lies precisely in its failure: It creates visible
winners quickly while quietly imposing costs on everyone else. New York can
either confront the real causes of its housing crisis or continue to recycle
policies that feel compassionate but fail everyone they touch. Mamdani has
chosen the latter. History suggests the city will regret it.
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