Legal Analysts

Wednesday, July 05, 2023

Is the NYS Source of Income (Section 8) Anti-Discrimination Law Unconstitutional? NYS Supreme Court Seems to Think so

NYS law is that the refusal to rent or lease based on "lawful source of income" constitutes actionable discrimination under Executive Law 296(5)(a)(1). 

Now, the Hon. Mark  G. Masler of the State Supreme Court, County of Tompkins, in James v. Commons West, LLC, et al., has found this anti-discrimination law to be unconstitutional because it compels landlords to have their business records and property inspected incident to being compelled to participate in Section 8, all in violation of the 4th Amendment to the US Constitution and Article I, Section 12 of the NYS Constitution. 

This case is surely going to be appealed - do you think mandatory participation in Section 8 constitutes an unreasonable search and seizure?