Appeals Court Ruling Threatens NYC Voucher Holders

"The judges found that those conditions raise Fourth Amendment concerns, the court document shows. In that opinion, a panel of upstate appellate judges concluded that the 2019 amendment to New York's Human Rights Law improperly forces landlords into federal Section 8-style Housing Assistance Payment contracts, which come with required inspections and access to owners' records."

"The decision puts fresh pressure on renters who rely on federal Housing Choice Vouchers and New York City's CityFHEPS program, both of which are already infamous for long searches and repeated rejections. More than 60,000 households, or about 136,000 New Yorkers, currently use CityFHEPS, while roughly 123,000 city households use Housing Choice Vouchers."

"Fane's legal team argued that the state law effectively forced landlords to agree to inspections and record access as a condition of renting to voucher holders. A trial judge sided with that view before the case moved up to the appellate panel."

An appellate court panel invalidated key provisions of New York's 2019 Human Rights Law amendment that prohibited landlords from discriminating against applicants using housing vouchers. The court ruled that the law improperly compels landlords into federal Section 8 Housing Assistance Payment contracts, which require property inspections and access to owners' records, raising Fourth Amendment constitutional concerns. The case originated from a 2022 lawsuit by Attorney General Letitia James against Ithaca landlord Jason Fane for refusing Section 8 vouchers. This ruling significantly impacts over 136,000 New Yorkers using CityFHEPS and approximately 123,000 households using Housing Choice Vouchers, populations already facing lengthy searches and frequent rejections in the rental market.

Read at Hoodline