Q: compensation for property owners since rent control could be considered a government “taking”?

On 11/1/2023, during Senate Judiciary Committee hearing, a Biden judicial nominee engaged in a conversation with Senator John Kennedy (R-LA), discussing the concept of rent control and the role of legal precedent in decision-making. The nominee to be United States Circuit Judge for the First Circuit, Seth Robert Aframe responded to a series of inquiries from Senator Kennedy. When asked about rent control, the judicial nominee provided a basic understanding of the concept, acknowledging that it limits landlords’ ability to raise rent in certain cities. However, Robert Aframe expressed their lack of familiarity with the subject, stating, “I have never dealt with rent control.”

Senator Kennedy posed a crucial question about whether rent control could be considered a government “taking” that merits compensation for property owners. In response, Robert Aframe admitted not being well-versed in “takings” and hesitated to give a definitive answer, noting that they would need to study the issue further. Nominee Robert Aframe suggested that the government’s interests in housing and property owners’ interests in maximizing profits were competing factors in their analysis.

Q: compensation for property owners since rent control could be considered a government “taking”?

Key Points

On 11/1/2023, during Senate Judiciary Committee hearing, a Biden judicial nominee engaged in a conversation with Senator John Kennedy (R-LA), discussing the concept of rent control and the role of legal precedent in decision-making

• The nominee to be United States Circuit Judge for the First Circuit, Seth Robert Aframe responded to a series of inquiries from Senator Kennedy
• When asked about rent control, the judicial nominee provided a basic understanding of the concept, acknowledging that it limits landlords’ ability to raise rent in certain cities
• However, Robert Aframe expressed their lack of familiarity with the subject, stating, “I have never dealt with rent control

Transcript Highlights

Transcribed from the video audio:

• Why isn’t that a taking that merits Conconcession from government
• I don’t know whether that’s been litigator or how that’s been resolved
• I have never dealt with rent control I’m gonna understand what you think about it
• I mean your government is taking money from the private owner of an apartment Why isn’t that a taking just like if they took his property to build a highway
• So I’m not well versed enough in taking to give you a definitive answer But I’ll give you what I know about takings and no tell me what you think So you would analyze I would be looking at the precedents that say to what extent can government regulation Um, be proposed there aren’t a precedence
• I know you will stipulate you would look at precedents But I don’t know how you would analyze like that
• Well, the question is what can The government do as far as regulation where there’s still value in the property
• Um, but maybe not the maximum and does that constitute a taking that’s what I would have to study I don’t know the answer about that think about how would you analyze it
• Well from what I know about What are the competing interests
• Well, the competing interests are the government’s interest In housing I would think on one side the property owner’s interest in making the maximum amount of money on the other Why couldn’t why couldn’t the government