CAN STATES FORCE LANDLORDS TO ACCEPT SECTION 8? NEW COURT RULING Across the country, more states and local governments have been moving toward laws that prevent landlords from having blanket “no Section 8” housing policies. But a New York appellate ruling has brought a new question to the surface: When a state requires a landlord to accept Section 8 vouchers, does that also require the landlord to accept the inspections, access to records, and contract obligations that come with the federal Housing Choice Voucher program? This question sits at the center of a New York case involving source-of-income discrimination, Section 8 housing assistance, and the Fourth Amendment. The court does not conclude that the Section 8 program itself is unconstitutional or eliminate all source-of-income protections. But it does create a serious compliance question for New York and a warning signal for other places with similar laws.
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