LIEB BLOG

Legal Analysts

Showing posts with label section 8. Show all posts
Showing posts with label section 8. Show all posts

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? 




Tuesday, July 13, 2021

New Law Confirms Section 8 Housing is Managed by NYS, Not Private Industry

Private industries may NOT assume control over federally assisted housing stock in NY, as has happened in CT, which was just made clear by a new law.


Instead, Section 8 housing contracts will continue to be administered by The New York State Housing Trust Fund Corporation ("Corporation") and Division of Housing and Community Renewal ("DHCR") in NY.  


Section 8 of the US Housing Act is designed so landlords can rent housing at fair market rates to low income tenants, in which the federal government will pay a portion of the rent to a landlord through a Section 8 Housing Choice Voucher. 


Private industry would want to take over Section 8 because of the tremendous amount of money flowing from the federal government and the availability to bring efficiencies that would create tremendous profit and innovation.


However, NY will continue to have its federally assisted housing stock controlled by the state and local governments.


Is state / local government better suited than private industry to manage our federally assisted housing stock? Isn't private industry more innovative and efficient? Or, is it that private industry only makes elites rich? Is this the type of thing that is the better domain of government or private industry? 


Regardless, developers and landlords now have predictability into the future when they get involved in subsidized housing. Predictability is always a good thing in business.