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 ...
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
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City of Evil Ping
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.
This is about Health, Safety and Welfare...not a property search. The judge is wrong.
If you flunk a Section 8 inspection, they’re doing you a favor.
This is not the last word. More is likely to come.
What will the Court of Appeals do? Who knows?
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.
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.
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.
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.
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,
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.
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.
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.
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