New York law banning Section 8 housing discrimination struck down
A New York State appeals court this week struck down a state law that banned landlords or realtors from turning away a tenant just because they use federal housing vouchers, like Section 8.
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."
The ruling stems from a lawsuit Attorney General Letitia James filed against an upstate landlord. She can appeal to a higher court, and her office says they are considering their options.
Reactions to new ruling
For years, CBS News New York has uncovered cases of landlords and realtors denying people who use housing vouchers, openly posting "no Section 8" in listings on Craigslist and beyond.
"Now you have kinda like a legal precedent that's coming down," realtor Paris Dickey said.
Dickey works primarily with people who use vouchers, and he's worried how the new court ruling will affect his clients.
"Now you're gonna have landlords that are just like, oh, I don't want these people in my building," he said. "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."
Small Property Owners of New York (SPONY) supports the decision.
"The judges recognized that it was an infringement on property rights, and we support property rights, you know, as small property owners," said Ann Korchak, with SPONY, "so we were, you know, glad to see that the courts saw it that way as well."
A New York City Hall spokesperson says they're still looking into how the ruling affects the city.
New York City also has its own, separate law against voucher discrimination. It also has a city-run voucher program called cityFHEPs; this case is about a state law on federal vouchers.
History of housing discrimination
In 2023, CBS News New York Investigates scheduled an apartment showing in Brooklyn to reveal how realtors turn people away.
"Would they accept someone on vouchers?" CBS News New York's Tim McNicholas asked the realtor at the time.
"Vouchers are a tricky subject for landlords. What my broker said is not right now, unfortunately. But maybe in the future, other landlords might be open to it," the realtor said.
Landlords have long complained about the inspections and paperwork required when accepting Section 8 tenants.
Voucher holders, on the other hand, tell CBS News New York they're worried Thursday's ruling could open the door for more discrimination.
"I don't agree with that, and I feel like maybe the decision will put the burden where it should be, which is on [the Department of Housing and Urban Development] to make sure that the program is working," Korchak said.
