New York law banning Section 8 housing discrimination struck down

"The court ruled Thursday that the state law banning Section 8 discrimination violates the Fourth Amendment. The judges wrote that under the law, 'landlords are now forced to consent to governmental searches of their rental properties and records.'"

"Now you're gonna have landlords that are just like, oh, I don't want these people in my building. Check off every protected class, and that's the reason why they don't want these people there. So I think it's gonna be a huge challenge."

"The judges recognized that it was an infringement on property rights, and we support property rights, you know, as small property owners, so we were, you know, glad to see that the courts saw it that way as well."

A New York State appeals court struck down a state law prohibiting landlords and realtors from denying tenants who use federal housing vouchers like Section 8. The court determined the law violates the Fourth Amendment, arguing it compels landlords to consent to governmental searches of rental properties and records. Attorney General Letitia James, who filed the original lawsuit against an upstate landlord, is considering an appeal to a higher court. The ruling has generated concern among housing advocates and realtors who work with voucher holders, who worry landlords will now find alternative discriminatory reasons to reject tenants. Small property owner groups support the decision as protecting property rights, while New York City officials are evaluating implications for the city's separate anti-discrimination law and voucher program.

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