New York Court Strikes Down Law Requiring Landlords to Accept Section 8 Vouchers

A new court ruling in New York could reshape how affordable housing works across the state.

Last week, the New York State Supreme Court Appellate Division ruled that a state law requiring landlords to accept Section 8 housing vouchers is unconstitutional. The decision could have major implications for renters, landlords, and the state's already tight housing market.

What the Court Decided

The ruling struck down part of New York’s Human Rights Law that banned “source of income discrimination,” which made it illegal for landlords to refuse tenants simply because they planned to pay rent using a housing voucher like Section 8.

Under that law, landlords effectively had to participate in the federal Housing Choice Voucher program if a qualified tenant applied.

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But the appellate court determined the requirement violated the Fourth Amendment to the United States Constitution, which protects against unreasonable searches.

To participate in Section 8, landlords must allow inspections of their rental properties and give housing authorities access to certain records. The court said forcing landlords to accept vouchers also forces them to consent to those searches, which the court ruled unconstitutional.

How the Ruling Will Affect Central New York

Affordable housing is already a major challenge across the Mohawk Valley and surrounding regions.

Many renters rely on federal assistance through the U.S. Department of Housing and Urban Development Section 8 Housing Choice Voucher program, which helps low-income families cover rent by paying part of the cost directly to landlords.

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If landlords are no longer required to accept vouchers, housing advocates worry fewer apartments could be available to voucher holders. That could make it even harder for families in cities like Utica, Rome, and other Central New York communities to find housing.

Advocates say the decision could weaken a key piece of the state’s housing safety net.

What Happens Next

The decision applies statewide for now, but the legal fight is likely far from over. The case could still be appealed to the New York Court of Appeals, the highest court in New York.

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If that happens, the court’s next ruling could ultimately determine whether landlords in New York must accept housing vouchers or if participation remains voluntary.

In the meantime, housing advocates say the ruling could create uncertainty for both renters and landlords as the state works through its ongoing affordability crisis.