The Greater Boston Real Estate Board filed an amicus brief with the Supreme Court, joining the National Association of REALTORS®, National Association of Home Builders, San Francisco Apartment Association and California Apartment Association.

The brief requests review of Walls v. Prince George’s County and Tedford’s Tenancy, LLC v. City of New York. Both cases concern the legal doctrine of ripeness — in other words, whether or not a dispute has developed enough for the court to hear it.

Walls v. Prince George’s County

After spending $40,000 on permitting and approvals with the county in the 1970s, a property owner learned from officials that a well and septic system for his recently purchased property would not be approved. When he sued, lower courts called his claims unripe, explaining that the property owner could have asked the state legislature to update the county’s water and sewer plan.

Tedford’s Tenancy, LLC v. City of New York

In 2022, landlords of a rent-regulated property in Manhattan attributed their failure to make repairs in the building to their inability to raise rents, alleging lost economic viability. Lower courts ruled the claims unripe and found that the property owners had not pursued alternative remedies. The landlords argued that these solutions would not fully address the financial harm incurred.

GBREB’s petition

The petitions filed by GBREB and its partners are currently pending before the Supreme Court.

“Both of these cases are emblematic of how property owners are often held up by futile measures, costing them time and money, before they can receive a final determination,” said GBREB President and CEO Greg Vasil in a press release. “Property owners with financial and emotional suffering have serious consequences, causing construction delays, higher production costs and prolonging the major housing shortage the United States is currently facing.”