The federal case for homeowner rights.
Case status
Pre-filing. NYHOA needs $75,000 to officially file this complaint, and $150,000 total to fund the full litigation effort. We're raising that now, alongside gathering plaintiffs and signatories. This is an active step, not a delay — filing a federal case of this scope requires resources we're building right now.
What this lawsuit does
The lawsuit challenges the way New York City has enforced Local Law 18 against homeowners who live in the homes they own. It argues that, as applied to owner-occupied one- and two-family private dwellings, the law and its enforcement scheme violate the United States Constitution and are preempted by New York State law.
It asks the court for declaratory and injunctive relief — a ruling that the enforcement is unlawful and an order to stop it — rather than money damages. The goal is to fix the rule, not to collect a check.
The constitutional claims sit on four amendments and a state-law preemption argument:
Fourth Amendment
Warrantless searches and inspections of private homes.
Fifth Amendment
Regulatory takings and compelled self-incrimination through mandatory disclosures.
Eighth Amendment
Excessive fines imposed on ordinary homeowners for record-keeping failures.
Fourteenth Amendment
Due process and equal protection — how the law treats owner-occupied homes.
State-law preemption
Multiple Dwelling Law and Municipal Home Rule Law limits on city regulation of private dwellings.
The Complaint
Living document. Current draft, versioned and dated.
Read the complaintWho’s Affected
The class definition, in plain language.
See the classCase Updates
Dated docket-style feed of filings, hearings, and rulings.
Follow the docket