New York judges add new obstacle for low-income tenants with housing vouchers

"Many voucher holders face discrimination from landlords, brokers and property managers who reject or ignore them, when they apply for apartments, often as a proxy for other forms of bias based on race, whether a renter has children or other characteristics. In their ruling, the judges acknowledged the discrimination that prompted state lawmakers to codify the source of income protections."

"But under the current law, "landlords are now forced to consent to governmental searches of their rental properties and records" in violation of the Fourth Amendment, the judges wrote in their decision Thursday. The Section 8 program requires housing quality inspections and other documentation to protect tenants, prevent fraud and prove income eligibility."

"Tenants qualify for Section 8 based on their income and typically pay no more than 30% of their earnings toward rent, while the voucher covers the remainder. Roughly 123,000 households in New York City use the program to pay a portion of their rent, and tens of thousands of others use the assistance elsewhere in the state."

A New York appellate court invalidated a 2019 state law prohibiting discrimination against tenants using Section 8 housing vouchers. The five-judge panel ruled that the law's requirement for building safety inspections violates property owners' constitutional rights under the Fourth Amendment. Approximately 123,000 New York City households and tens of thousands statewide rely on Section 8 vouchers, which cover rent beyond 30% of tenant income. The law was enacted to address widespread discrimination by landlords and brokers who reject voucher holders, often as a proxy for racial or familial bias. While acknowledging this discrimination, the court determined that mandatory governmental property searches required by the Section 8 program constitute unconstitutional intrusions. The Attorney General's office indicated it is reviewing the decision and considering an appeal.

Read at Gothamist