"Second Circuit judges were perplexed by a Manhattan landlord's request that the court declare unconstitutional a New York City law requiring landlords who participate in Section 8 housing to allow searches of their premises. The plaintiff-the owner of a 48-unit residential apartment building-is appealing the dismissal of his case asserting the law violates his Fourth Amendment right to be free from unreasonable search and seizure."
"The plaintiff-the owner of a 48-unit residential apartment building-is appealing the dismissal of his case asserting the law violates his Fourth Amendment right to be free from unreasonable search and seizure. But Senior Judge Guido Calabresi and Judge Eunice C. Lee pointed out during Tuesday's oral arguments that the owner hasn't yet faced any threat of a search because he hasn't accepted a tenant for Section ..."
A Manhattan landlord who owns a 48-unit residential building appealed the dismissal of a suit challenging a New York City law that conditions participation in Section 8 housing on landlords allowing inspections of their premises. The landlord asserts the law violates his Fourth Amendment protection against unreasonable searches and seizures. Second Circuit judges questioned the claim because the landlord has not accepted any Section 8 tenant and thus has not faced an actual or imminent inspection. Senior Judge Guido Calabresi and Judge Eunice C. Lee raised this factual gap during oral arguments.
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