"This simple case challenges the power of the city and state of New York to impose on the Harmons the unconstitutional burden of involuntarily and permanently renting a part of their residence to tenant-strangers," the couple argued in their appeal.
A New York-based federal appeals court threw out the Harmon suit on a 3-0 vote, rejecting their contention that the law was akin to a physical occupation of their property.
New York City and state both asked the Supreme Court to reject Harmon's appeal without a hearing.
Previous Supreme Court decisions say that judges "should not sit as super-legislatures reviewing matters of economic policy, but should ask only whether a legislature's policy judgments are rational," New York Attorney General Eric Schneiderman argued in court papers.
The case is Harmon v. Kimmel, 11-496.