Defendant's Attorney: Philip S. Adelman

Description: Newark, New Jersey civil rights lawyers represented Plaintiffs, who sued defendant under 42 U.S.C. § 1983 challenging a Jersey City ordinancecurtailing the ability of property owners and lease holders to operate short-term rentals. The plaintiffs alleged that, having passed an earlier zoning ordinance legalizing short-term rentals in Jersey City (the “City”), which enticed them to invest in properties and long-term leases, the City violated their constitutional rights under the Takings Clause of the Fifth Amendment, the Contract Clause of Article I, and the Due Process Clauses of the Fifth and Fourteenth Amendments by passing the new ordinance. The new ordinance, they allege, undermined their legitimate, investment-backed expectations and injured their short-term rental businesses. The plaintiffs also moved for a preliminary injunction against the enforcement of the new ordinance. The City moved to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6).

The plaintiffs are individuals who invest in and operate short-term rentals in Jersey City using online home-sharing
platforms. Home-sharing platforms, such as Airbnb, provide a residential alternative to traditional hotels for travelers seeking to rent a spare room or property on a nightly, weekly, or monthly basis.

Outcome: Affirmed.

Plaintiff's Experts:

Defendant's Experts:

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