The New York state attorney general’s office has notified Capital Tonight it has filed a notice of appeal in the state Supreme Court’s ruling in March that a state law requiring landlords to accept Section 8 vouchers is unconstitutional.
In its decision, the court ruled it’s a violation of a landlord’s Fourth Amendment rights because it forces landlords to consent to governmental searches of their rental properties and records.
The housing voucher program helps those who are low-income, older New Yorkers, veterans and disabled families rent or buy affordable housing.
“I don’t agree with the basis of the claim,” said Canyon Ryan, executive director of United Tenants of Albany. “I actually think upon appeal, it will get overturned, but that will take time.”
Ryan said if this decision isn’t overturned, it could call into question other housing vouchers used by New Yorkers in need.
“This opens Pandora’s Box and so now landlords can say well I don’t want to accept the rental supplemental program from the Department of Social Services because it requires the unit be up to codes,” said Ryan.
Ryan said guidelines put in place for housing vouchers serve as a means of protection for tenants to ensure they’re in a safe and habitable place.
“If a tenant has a Section 8 Voucher they still have plenty of protections, and they still have the ability to rent,” said Ryan. “They’re still entitled to use that voucher. It’s specific landlords, in specific circumstances that are going to deny people access to a unit on the basis of the inspection.”
Capital Tonight reached out to the AG’s office for comment and was told they had to decline.