Is refusing to rent to Section 8 tenants discriminatory? Mandating home inspections for landlords could be unconstitutional?! Sylvia Tsai, Esq.
- Law Office
- Jul 1
- 1 min read
In New York, the government implemented a housing voucher program to protect residents' housing needs and support landlords. Previously, New York law strictly prohibited discrimination based on income source, meaning landlords could not refuse to rent to tenants simply because they used Section 8 (Attorney Tsai has previously analyzed this in depth in her videos).
However, the key Ithaca Housing case that just came out in New York a few months ago has sent shockwaves through this long-standing law!
A landlord filed a lawsuit arguing that accepting Section 8 tenants forces them to undergo mandatory government home inspections, which violates the Due Process provision in the U.S. Constitution. This ruling has had a ripple effect: while income discrimination remains enshrined in New York law, it is no longer strictly enforced.
What does this mean for landlords and tenants in New York? How do they navigate the legal gray areas?
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