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State Supreme Court sides with Ithaca Renting: Section 8 inspection requirement makes NYS rule unconstitutional
14850.com ^ | 7/8/23 | Mark H Anbinder

Posted on 07/09/2023 5:37:25 AM PDT by AbolishCSEU

Now, a New York State Supreme Court judge has ruled for Ithaca Renting, agreeing with the local business’s position that the Section 8 program’s inspection requirement was a violation of the Constitution’s protection against searches.

In his ruling on June 27th, Hon. Mark G. Masler says the Attorney General’s argument “is fundamentally flawed for the simple reason that, as set forth above, a landlord cannot accept a Section 8 housing voucher as payment for rent without agreeing to participate in Section 8, which, in turn, requires that the landlord authorize warrantless searches.”

Judge Masler’s ruling points out that the Housing Assistance Payment contract entered into by landlords participating in Section 8 “requires a participating landlord to consent to inspection of ‘the contract unit and premises at such times as the PHA determines necessary,’ and to provide the PHA, the Department of Housing and Urban Development, and the Comptroller General of the United States ‘full and free access to the contract unit and the premises, and to all accounts and other records of the owner that are relevant to the HAP contract,’ which includes access to “any computers, equipment or facilities containing such records.'” [Italics were in Judge Masler’s published ruling.]

Ithaca Renting had contended “that the source of income antidiscrimination statute violates a property owner’s Fourth Amendment rights by giving the owner no choice but to consent to these inspections by entering into a HAP contract.”

As written, the requirement that landlords consent to inspection “at such times as the PHA determines necessary” could conflict with New York State law prohibiting a landlord from entering a tenant’s apartment without “reasonable notice” except in an emergency, and the ruling could also call into question the inspection requirement of new short-term rental laws being enacted or considered in some local communities.

(Excerpt) Read more at 14850.com ...


TOPICS: Business/Economy; Constitution/Conservatism; News/Current Events; US: New York
KEYWORDS: eviction; housing; landlords; newyork; section8; subsidized; tenants
In a rare SANE moment, NYS supreme court gets it right!

Of course Peekaboo James will regroup and is holding a town hall in Ithaca this Thursday (insert eyeroll) Related: https://freerepublic.com/focus/f-news/4105196/posts

1 posted on 07/09/2023 5:37:25 AM PDT by AbolishCSEU
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To: AbolishCSEU

Mods can you correct double title post?


2 posted on 07/09/2023 5:39:54 AM PDT by AbolishCSEU (Amount of "child" support paid is inversely proportionate to mother's actual parenting of children)
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To: AbolishCSEU

You need to click the ‘report abuse’ button to get mods to see your correction request.


3 posted on 07/09/2023 6:03:28 AM PDT by tomkat (SOTU = FUBAR)
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To: Behind Liberal Lines

City of Evil Ping


4 posted on 07/09/2023 6:07:10 AM PDT by dayglored (Strange Women Lying In Ponds Distributing Swords! Arthur Pendragon in 2024)
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To: AbolishCSEU

In the city I live, normally ALL rental units are supposed to be inspected every 5 years for purposes of habitability, regardless of whether the tenants object or have no complaints relative to this.


5 posted on 07/09/2023 7:13:57 AM PDT by daniel1212 (As a damned+destitute sinner turn 2 the Lord Jesus who saves souls on His acct + b baptized 2 obey)
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To: AbolishCSEU
You can't move into your house without a C of O either.

This is about Health, Safety and Welfare...not a property search. The judge is wrong.

6 posted on 07/09/2023 7:21:20 AM PDT by Sacajaweau ( )
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To: AbolishCSEU

If you flunk a Section 8 inspection, they’re doing you a favor.


7 posted on 07/09/2023 7:37:12 AM PDT by scrabblehack
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To: AbolishCSEU
"In the Federal court system, and all other U.S. states, the court of last resort is known as the "Supreme Court". New York, however, calls its trial and intermediate appellate courts the "Supreme Court", and the court of last resort the Court of Appeals.

This is not the last word. More is likely to come.

What will the Court of Appeals do? Who knows?

8 posted on 07/09/2023 7:53:59 AM PDT by Sooth2222 (“Toute nation a le gouvernement qu’elle mérite.” /"Every nation has the government it deserves.” )
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To: AbolishCSEU

There is no such thing as THE Supreme court of New York. In NY the county court is called Supreme Court. It is a low level court and why it is called Supreme is beyond me.


9 posted on 07/09/2023 8:52:39 AM PDT by Nik Naym (It's not my fault... I have compulsive smart-ass disorder. )
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To: daniel1212; Sacajaweau

The judge isn’t wrong. This is about forcing landlords to rent to subsidized renters. It should be a choice not mandated. Private property rights should prevail.

That being said, most places in NYS have to register with the code enforcer and pass a C of O. I know our rental property does and yet you still get whiny tenants.

I literally had a recent tenant that I screened quite thoroughly and who left the place a mess with damages call us “slumlords” because a yellow jacket got into her unit.


10 posted on 07/09/2023 10:43:38 AM PDT by AbolishCSEU (Amount of "child" support paid is inversely proportionate to mother's actual parenting of children)
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To: Nik Naym

Right. And the leftists will appeal until the courts acquiesce. They will then wonder why there is a shortage of rental property when all the mom and pop landlords leave the business.

I always find interesting the tenants who want free/next to nothing rental costs but will live in a bldg. with code violations and complain bitterly. If its such a dump, then MOVE! Many obviously don’t care about health and safety violations as long as they can live for free or next to nothing.


11 posted on 07/09/2023 10:46:06 AM PDT by AbolishCSEU (Amount of "child" support paid is inversely proportionate to mother's actual parenting of children)
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To: daniel1212

Those types of inspections can be done between tenants such as when one moves out and before the new one moves in. Tenants can be notified of the request to inspect, and give or not give permission..or not. If a landlord has a rep for being a slum lord.


12 posted on 07/09/2023 4:07:08 PM PDT by PrairieLady2
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To: AbolishCSEU
That being said, most places in NYS have to register with the code enforcer and pass a C of O. I know our rental property does and yet you still get whiny tenants. I literally had a recent tenant that I screened quite thoroughly and who left the place a mess with damages call us “slumlords” because a yellow jacket got into her unit.

Yes, that often is the case, much due to the overreaction to the past, and a reflection of the declining character of us in the West.

But what I meant is that if both the LL and tenants are content with the status of their occupation, then rather than the government coming in to inspect every 5 years, at owners cost, and too often with increased regulations, then we should be able to be left at peace. Not that we have actually had any citations due to past inspections yet in the 30 years we have rented in two apartments (20 in one till LL sold the building and 10 in another) by the grace of God,

13 posted on 07/09/2023 6:44:57 PM PDT by daniel1212 (As a damned+destitute sinner turn 2 the Lord Jesus who saves souls on His acct + b baptized 2 obey)
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To: Sacajaweau

I could be wrong, and of course the media buried the actual point, but I think the landlords objection was that was compelled by NYS law to accept the vouchers in the first place.


14 posted on 07/10/2023 2:52:42 AM PDT by Behind Liberal Lines
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To: Behind Liberal Lines

Landlords are NOT compelled to rent to Section 8 folks. Landlords request to enter into a contract with Section 8 folks. Annual inspections are health, safety and welfare...to make sure they have heat, running water, working stove/refrig. No possessions are involved.


15 posted on 07/10/2023 3:53:25 AM PDT by Sacajaweau ( )
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To: PrairieLady2
Those types of inspections can be done between tenants such as when one moves out and before the new one moves in. Tenants can be notified of the request to inspect, and give or not give permission..or not. If a landlord has a rep for being a slum lord.

Not here nor I think in most cities in the NE. Besides habitability inspections being required for all apts (except LL families) when new tenants move in, regardless of their consent, every 5 years habitability inspections are required for all apts (except LL families) regardless of the rep of the LL. Who are charged for the inspection. Tenants are notified but cannot refuse or police will be used. And it is even illegal for an owner replace his steps on a 3 decker himself. He/she is supposed to hire a contractor who is to pull a permit. My neighbor did so, replacing about 6 large cement steps and the inspector failed it because one step was about an 1.5'' different from another. Broke it down and did it again. Inspector never came back. Thank God.

16 posted on 07/11/2023 4:49:59 AM PDT by daniel1212 (As a damned+destitute sinner turn 2 the Lord Jesus who saves souls on His acct + b baptized 2 obey)
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