Landmark Win for NY Landlords Regarding Section 8 Vouchers

Today, we are thrilled to share some exciting news that has significant implications for landlords in New York.

On July 18th, 2023, a New York Supreme Court judge ruled in favor of local real estate magnate Jason Fane and his Ithaca Renting Company (IRC) in a case brought by the New York Attorney General's office over Section 8 vouchers. This ruling is a HUGE win for landlords in our state and marks a significant moment for the rental industry.

The lawsuit, filed by the Attorney General's office last October, alleged that IRC was breaking the law by refusing to rent to people using Section 8 vouchers at their various properties. The case revolved around source of income protection laws, which were instituted in 2019 to safeguard renters from being rejected based on their need for Section 8 assistance.

The court's ruling declared the source of income anti-discrimination statute as unconstitutional, citing that it infringes on landlords' Fourth Amendment right to privacy by requiring warrantless searches of their properties and records by governmental agencies. This landmark decision reinforces landlords' rights and puts the spotlight on the need for a balanced approach to tenant protections and property owner rights.

While this victory is undoubtedly a significant achievement for landlords, we also recognize the advantages of accepting Section 8 vouchers in the rental market:

Steady Rental Income:

Accepting Section 8 vouchers ensures a steady and reliable rental income as the government directly pays a portion of the rent on behalf of the tenant.

Larger Pool of Potential Tenants:

Participation in the Section 8 program expands your pool of potential renters, offering more options to find suitable tenants quickly.

Reduced Vacancy Rates:

With a demand for Section 8 housing, landlords may experience reduced vacancy rates and minimize periods without rental income.

Social Responsibility:

By accepting Section 8 vouchers, you contribute to your community by providing safe and affordable housing to low-income individuals and families.

Access to Support Services:

Section 8 tenants often have access to support services and resources provided by the local Public Housing Authority (PHA), which can help maintain stable housing situations.

It is essential to remember that landlords have the right to make decisions that align with their business models and goals. The ruling in favor of IRC underscores the significance of landlord rights in these matters.

While the court case brings clarity to the issue of accepting Section 8 vouchers, we encourage you to carefully evaluate the advantages and considerations associated with the program. Be sure to research local regulations, administrative requirements, and potential tax incentives before making a decision.

You can read more about the lawsuit here:

https://ithacavoice.org/2023/07/ithaca-renting-company-wins-case-brought-by-ny-attorney-general-over-section-8-vouchers/?fbclid=IwAR2qEPwEmR1fWzzsCuzLnsTf4V2sxM2aDw9ky4FHzf4rQsKoUA9pB0-f1w8

At NYLL United, we strive to keep you informed about important developments that impact your rental property investments. If you have any questions or concerns regarding Section 8 vouchers or any other rental-related matters, feel free to reach out to us anytime.

Thank you for your ongoing support and commitment to our organization.