A state appellate court has ruled that a New York law requiring landlords to accept Section 8 housing vouchers is unconstitutional, a decision that could reshape housing protections across the state, including in Ithaca.
The New York State Supreme Court’s Appellate Division, Third Department, found the state’s “source of income” anti-discrimination law violates the Fourth Amendment by effectively forcing landlords to participate in the federal Section 8 program. Judges said the requirement compels landlords to submit to property inspections and record reviews that amount to warrantless searches. (NY State of Politics)
The case stems from a lawsuit brought by the state against Ithaca Renting Company, which declined to accept Section 8 vouchers. Courts sided with the landlord, concluding the law unlawfully required participation in a voluntary federal program and infringed on constitutional protections against unreasonable searches. (Harris Beach Murtha)
New York expanded its Human Rights Law in 2019 to prohibit discrimination based on lawful sources of income, including housing vouchers, in an effort to improve access to housing for low-income residents. The appellate ruling marks the first time such a statute has been struck down on constitutional grounds at this level, with potential implications beyond New York. (NY Daily Record)
State officials and housing advocates have warned the decision could weaken protections for voucher holders, while the Attorney General’s office is reviewing the ruling and is expected to appeal. Legal experts say the outcome may ultimately be decided by the state’s highest court, leaving the issue unsettled for now. (NY State of Politics)
