In the United States Court of Appeals For the Second Circuit ________

AUGUST TERM 2024

ARGUED: FEBRUARY 4, 2025 DECIDED: JUNE 2, 2025

No. 24-1678 HUDSON SHORE ASSOCIATES LIMITED PARTNERSHIP, HAVEN ON THE HUDSON LLC, KENNETH LEVINSON, AND HUDSON VALLEY PROPERTY OWNERS ASSOCIATION, Plaintiffs-Appellants,

v.

STATE OF NEW YORK, NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, VILLAGE OF NYACK, NEW YORK, AND CITY OF POUGHKEEPSIE, NEW YORK, Defendants-Appellees. ________

Appeal from the United States District Court for the Northern District of New York. ________ Before: WALKER, LEVAL, AND BIANCO, Circuit Judges. ________

New York State has contended for decades with a scarcity in affordable rental housing. It has deployed varying forms