Document Type
Article
Abstract
The real challenge in property law is demarcating its contours. In this Article, I explore current challenges to our conception of property and the courts' specification or retraction of long-recognized limits on government interference for larger societal benefits. I am largely prompted by recent rulings in state and federal courts on moratoria on evictions during the COVID-19 pandemic and the increasing burdens of rent regulation in a world of persistent housing shortages. In Part II, I discuss property law theories as a backdrop to the discussion of political limits, with a brief summary of how the concepts have evolved over time. In Part III, I give a history of the use of “moratoria” in various contexts and discuss their economic and social efficacy as well as the legal challenges to moratoria and why, without specific limits and objectives, they should be regarded as takings that require compensation to the landowners affected. In Part IV, I show how moratoria in the form of rent regulation have become permanent constraints. In Part V, I will attempt to draw lines between regulatory takings cases, in particular, Cedar Point Nursery v. Hassid and the moratoria cases. Finally, I conclude by offering suggestions for dealing with competing claims to property that might be useful in the next national health or economic crisis.
Recommended Citation
Shelby D. Green, The Transmogrification of Moratoria in Support of Rent Regulations: False Steps to Affordable Housing, 58 U. S.F. L. Rev. 314 (2024), https://digitalcommons.pace.edu/lawfaculty/1275.