Van Lare v. Hurley, 421 U.S. 338 (1975)

MR. JUSTICE REHNQUIST, dissenting.

I do not think that the New York nonpaying lodgers regulation is in conflict with federal statutory law, for the reasons stated by Judge Hays in his opinion for the Court of Appeals for the Second Circuit. Taylor v. Lavine, 497 F.2d 1208 (1974). I therefore reach the constitutional issues presented in No. 74-453, and conclude that the regulation is not constitutionally impermissible, for the reasons set forth by Judge Hays in his dissenting opinion in Hurley v. Van Lare, 380 F.Supp. 167, 177 (ED & SDNY 1974). I would thus affirm in No. 74-5054 and reverse in No. 7453.