NY Housing Discrimination Ruling: Protecting Tenants
People v. Commons West, LLC
In a pivotal ruling, the Cortland County Supreme Court decided in People v. Commons West, LLC (2023–2024) that New York’s “source-of-income” housing discrimination law is unconstitutional when applied to landlords who decline Section 8 tenants. The court found that requiring landlords to accept Section 8 vouchers forces them into Housing Assistance Payment (HAP) contracts, which permit warrantless inspections of their property and records — a violation of the Fourth Amendment.
This decision is significant because it highlights the ongoing legal tension between tenant protections and landlord constitutional rights.
TAKEAWAYS
For Tenants:
Source-of-income discrimination remains illegal in NYC and widely enforced.
You can still file complaints with the NYC Commission on Human Rights or NYS Division of Human Rights if denied housing based on vouchers.
For Landlords:
Refusing Section 8 applicants could still bring lawsuits outside Cortland County.
If faced with enforcement, seek legal counsel before signing or refusing HAP contracts.
For the Industry:
Expect appeals and possible legislative updates as New York balances fair housing policy with constitutional rights.
Enforcement actions show that the state remains aggressive in prosecuting violations.
FINAL THOUGHTS
The ruling in People v. Commons West, LLC highlights one of the most pressing legal issues in New York housing law: how to ensure equal access to housing while still respecting the constitutional rights of property owners. On one hand, state and city laws were designed to expand opportunity and prevent discrimination against tenants who rely on lawful sources of income, such as Section 8 vouchers. On the other hand, the court’s finding makes clear that enforcing those protections cannot come at the expense of fundamental constitutional safeguards like the Fourth Amendment.
This case also underscores the uncertainty landlords and tenants now face. For tenants, it is a reminder that strong protections still exist and agencies remain committed to investigating and prosecuting discrimination. For landlords, however, the decision raises important questions about how compliance will be enforced moving forward and what risks they face if they decline to participate in housing assistance programs. Until appeals are resolved and the law is clarified, both sides should expect legal disputes to increase.
At a broader level, this decision illustrates the evolving nature of housing law and its intersection with civil rights, constitutional law, and public policy. The balance between protecting vulnerable tenants and preserving property owners’ rights is not only a New York issue, but part of a nationwide debate that could shape housing access for years to come.
At Marano Law, we help clients navigate this complex legal landscape. Whether you are a tenant seeking justice against discrimination or a landlord concerned about compliance and constitutional protections, our firm provides strategic counsel that protect your rights.
