Court: NY Attorney General Attempt to Force Section 8 on Lan

[Landlords Boy]

"A New York state judge struck down part of the state’s Human Rights Law requiring landlords to accept Section 8 vouchers. In an eight-page decision, the judge found the law violated the Fourth Amendment to the U.S. Constitution...

"The judge cited caselaw that “specifically held that laws which authorize inspections of residential rental properties without either the consent of the owner or a valid search warrant violate the Fourth Amendment, and specifically noted that a property owner cannot be indirectly compelled to consent to a search.”

"The judge also rejected the state’s argument that “businesses have little to no expectation of privacy [in] their business records, especially in regulatory regimes” like that imposed by the law..."

https://legalinsurrection.com/2023/06/c ... itutional/

Also: https://www.law360.com/real-estate-auth ... nation-law

[TenantNet]

The law360.com story is inaccessible, behind a paywall.

The other link appears to be a wacky pro-Trump MAGA site. I'd pay little attention to that, but yes there was a suit and decision, and no we haven't had time to read it.

Is that to mean that DOB or housing inspectors can't inspect without LL's consent? That won't hold up and I think you know that. If you aren't aware, many upstate judges are part-time hacks and have little legal jurisprudence.

[Landlords Boy]

The law360 article adds little to the legalinsurrection article. It does say that although NYAG's office didn't comment on the judgment, NYS is expected to appeal.

The legalinsurrection article contains the full eight-page judgment. Since its main thrust is reliance on a NY Court of Appeals precedent it seems unlikely that grounds can be found for a useful appeal, and since the judge dismissed the AG's petition with prejudice the LL defendant is completely off the hook.

[TenantNet]

This is an upstate court, and not binding in other Appellate Departments.