Hornstein v. Barry

A D.C. statute barred landlords from converting rental property to condominiums without consent from at least half the building's tenants, enacted to address a rental shortage and give tenants leverage; Hornstein (plaintiff) was denied permission to convert his apartment complex because he lacked the required tenant consent, and he sued the District (defendant), arguing the statute improperly delegated legislative authority to tenants and effected an unconstitutional taking. The trial court granted the District summary judgment, a panel reversed on both grounds, and the full court granted en banc review.