In 2019, New York finally did it. They gave up pretending that they can ever run the state under the state constitution and the normal rules of American governance. After pretending since WW II that the state’s housing situation was in a temporary state of emergency started by that war and periodically renewing the state of emergency this year, the rent control and stabilization kept the emergency but got rid of the time limit. The state of emergency is now permanent.
On pages three and four of the bill, six separate edits make it clear that New York has adopted a permanent state of emergency. There’s no more renewals, no more expirations, no more re-examination, no return to normalcy.
Most importantly, there is no state Constitutional amendment. The guarantee for just compensation for a taking of property remains. The prohibition of using the government to provide private benefit remains. In a time-limited emergency, such guarantees can be temporarily suspended, but not permanently. The state of New York has been claiming Hitler as their justification for suspending the New York Constitution for decades. No longer.
Now New York claims the right to suspend their Constitution permanently and to widen the suspension from a few limited districts to the entire state. This is a horrifically bad idea. It’s also probably unconstitutional. But will anyone notice?