Court Strikes Down Protections For NYC Renters

"Under the federal Section 8 program, tenants pay no more than 30 percent of their income toward rent, with vouchers covering the remainder. About 123,000 households in New York City rely on Section 8, while tens of thousands more use vouchers elsewhere in the state. Tenants often face discrimination from landlords, brokers, and property managers who reject or ignore applicants using vouchers."

"Judges acknowledged the discrimination that prompted the law but said the inspections required by the program 'force landlords to consent to governmental searches of their rental properties and records' in violation of the Fourth Amendment."

"The decision stems from a 2022 lawsuit James filed against Ithaca landlord Jason Fane and his companies after two tenants reported being denied apartments for using Section 8 vouchers. Fane argued that participating in Section 8 would require him 'to consent to inspections of my buildings as well as my companies' books, records and computers.'"

A New York appeals court struck down a 2019 state law designed to prevent discrimination against tenants using Section 8 housing vouchers. The five-judge panel ruled that the law violated property owners' constitutional rights because the federal Section 8 program requires building inspections to ensure safety. Under Section 8, tenants pay no more than 30 percent of income toward rent, with vouchers covering the remainder. Approximately 123,000 households in New York City rely on Section 8 vouchers. The court acknowledged widespread discrimination from landlords and property managers who reject applicants using vouchers but determined that required inspections constitute unconstitutional governmental searches under the Fourth Amendment. The ruling originated from a 2022 lawsuit against an Ithaca landlord who refused Section 8 tenants.

Read at New York City, NY Patch