Posted on 04/03/2026 2:17:55 PM PDT by AbolishCSEU
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.
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There are exceptions of course, but as a general rule they are on section 8 for reasons that are behavior related.
At best they do not understand how to care for the property. The toilet is not a magical vanishing machine for everything stinky, the kitchen sink is not meant to have bunch of spaghetti dumped down it and there is a major difference between dish detergent and dish washer detergent.
At worse they are going to burn the place down.
Big rental can deal with renters like this because they have people on call at all times to deal with it. A small landlord is often doing the work themselves and is also working a full time job.
If you want to make sure that you only have big rental in your city or state this is the way to do it.
My sister was Section 8 (Long story)....she lived on the 2nd or 3rd floor of her apartment building, and kept chickens and/or rabbits on her deck...and no, she was/is not a model citizen.
Section 8 has turned formerly robust, safe, community-centered neighborhoods with shared values into dangerous ghettos within a generation. I’ve seen it in my city over 50 years.
A lot of the dying shopping malls that we witness are caused directly by Section 8 importing criminals, causing businesses to sustain incredible losses by crime which can’t be stemmed. Section 8 creates “food deserts” very quickly.
A big problem is that section 8 rules are rarely enforced.
My late mother had a housekeeper who couldn’t manage her own money and had meth-head adult children who sucked all of her social security dry. She was on Section 8 housing, which stipulated that you could not have unauthorized people living with you nor could you have pets. Her meth-head daughter promptly moved in, bringing her large dog with her. I don’t know how they enforce the rules, but no one was.
“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”
I dont understand. Doesnt the law already require apartment units to be up to code without the section 8 program anyways?
Here’s link to the Court’s Opinion and Order:
https://decisions.courts.state.ny.us/ad3/Decisions/2026/CV-23-1255.pdf
In addition to violating the 4th Amendment, the law requiring landlords to participate in the section 8 housing program arguably violates the taking clause in the 5th and 14th Amendments in that the law is a regulatory taking of the landlord’s property for public use without just compensation.
Not that I favor forced Section 8; I don’t, but landlords I have known say the upside is the government always pays on time, at a decent rate.
Back in the 80s some County in Utah started giving rent subsidies to disabled people. Local talk radio experienced a flood of people complaining that their rent got increased by the amount of the subsidy. This crap never works.
Peekaboo will do as she pleases. Constitution/Smonstitution.
After all 46, knew that the eviction moratorium was unconstitutional but imposed it anyway.
because they have the time and manpower and budget....meanwhile, taxes must go up...
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