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Martinez v. Town of Clarkstown

Property Interest in Short-Term Rent Permit Inadequately Pleaded, Taking Claim Abandoned

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OPINION & ORDER Plaintiff Emma Martinez (“Plaintiff”) brings this Action against Defendant the Town of Clarkstown (“Defendant”), alleging procedural and substantive due process claims, and a Takings Clause claim, in connection with a short-term rental permit that she applied for, which was denied. (See generally Compl. (Dkt. No. 1).) Before the Court is Defendant’s Motion to Dismiss (the “Motion”) Plaintiff’s Complaint in its entirety. (See Not. of Mot. (Dkt. No. 10).) For the following reasons, the Motion is granted. I. Background A. Factual Background The following facts are drawn from Plaintiff’s Complaint, all of which are assumed to be true for the purpose of resolving the instant Motion. See Div. 1181 Amalgamated Transit Union — N.Y. Emps. Pension Fund v. N.Y.C. Dep’t of Educ., 9 F.4th 91, 94 (2d Cir. 2021) (per curiam). On December 31, 2018, Plaintiff obtained title to real property located at 505 Ilona Avenue, Valley Cottage, New York. (See Compl.

1-2.) On or about December 11, 2020, the Town enacted Local Law No. 7 of 2020 which implemented a process for property owners within the Town to obtain a permit in order to utilize their property as a short-term rental property. (See Decl. of Benjamin Sonnenfeldt in Supp. of Def.’s Mot. to Dismiss (“Sonnenfeldt Decl.”) (Dkt. No. 11) Ex. B (“Local Law No. 7 of 2020″).) The law required all Town property owners and residents to obtain a permit in order to use their “housing or dwelling unit” as a short-term rental. (Id. at §157.71.) Plaintiff applied for a permit to use her home as an “Airbnb”. (See Compl.

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