New York’s state Supreme Court Appellate Division released a ruling Thursday that could further complicate the state’s affordability crisis.
The court ruled a state law that requires landlords to accept Section 8 vouchers is unconstitutional.
The court’s ruling said in part: “As a consequence of this law, landlords are now forced to consent to governmental searches of their rental properties and records. Given that, for the reasons that follow, the source-of-income discrimination law violates landlords’ Fourth Amendment rights to be free from unlawful searches, we are constrained to conclude that the law is unconstitutional on its face.”
New York Attorney General Letitia James released a statement to Spectrum News 1 on the ruling.
“Every New Yorker deserves access to safe and dignified housing regardless of their income or background,” James said. “Housing vouchers help thousands of New Yorkers stay in their homes, make ends meet, and raise their families. My office has always fought to protect New Yorkers’ right to housing. We are reviewing today’s decision.”
News of the ruling is causing ripples in the housing community.
Assemblymember Linda Rosenthal is the chair of the state Assembly Committee on Housing.
“While many landlords have and will continue to do the right thing, this dreadful decision has the potential to upend New York’s social safety net,” said Rosenthal. “As Chair of the Assembly Committee on Housing, I urge Attorney General James to appeal this devastating decision on behalf of New Yorkers.”
Advocates are also speaking out.
“The decision is a blow to anyone in search of affordable housing, no matter where you live,” said Michael Borges, the executive director of the Rural Housing Coalition of New York. “We hope the state appeals the decision and this is only a temporary setback.”
The North Country Rural Development Coalition adds, “Moving forward, the focus should be on policies that both respect property rights and ensure tenants using lawful rental assistance have a fair opportunity to find housing.”