The New York Human Rights Law (Executive Law article 15) was amended in 2019 to make it an unlawful discriminatory practice to refuse to rent or lease housing accommodations to any person, or group of persons, based on their “lawful source of income “ The law defines “lawful source of income” to specifically include any form of federal, state, or local public assistance or housing assistance including section 8 vouchers whether or not such income or credit is paid or attributed directly to a landlord. Pursuant to section 8 of the United States Housing Act of 1937, the federal government operates the Housing Choice Voucher Program providing housing assistance to eligible low-income families by giving subsidies to landlords who rent apartments to them.
The New York State Attorney General (“NYSAG”) focused its discrimination investigations in parts of the state where use of Section 8 vouchers are less common, and commenced a lawsuit against Ithaca, NY landlord Commons West, LLC for refusing to rent to Section 8 applicants .In People vs. Commons West, LLC, the Cortland County New York Supreme Court ruled the New York Source of Income Antidiscrimination statute (“SOIA”) to be unconstitutional. In granting Common Wests’ motion to dismiss, the court found that SOIA violated landlords’ Fourth Amendment rights against warrantless inspections by the government. Landlords of prospective Section 8 tenants are asked to grant pre-tenancy and follow up inspections to ensure units and buildings meet federal standards of the U.S. Department of Housing and Urban Development. NYSAG appealed the dismissal of its lawsuit to the New York Appellate Division, Third Department. The landlord argued that SOIRA makes participation in Section 8 mandatory for landlords, when Congress intended for it to be a voluntary program and that it ignores the NY Administrative Procedure Act.
A federal court has blocked Kansas City, Missouri, from enforcing a controversial ordinance requiring landlords to accept Section 8 housing vouchers as part of their rental qualification process. In the case Jones & Vogel v. City of Kansas City, Missouri (Case No. 4:24-cv-00649-RK), Judge Roseann A. Ketchmark granted the preliminary injunction on February 11, 2025, effectively halting enforcement of the ordinance while the case proceeds.
To prevent tenant discrimination lawsuits, call or text NY landlord attorneys Robert Friedman and Justin Friedman at 716-543-3764.