New York Appeals Court Strikes Down Law Protecting Section 8 Renters

Ruling finds state law banning discrimination against voucher holders unconstitutional

Published on Mar. 6, 2026

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A New York state appeals court has ruled that a law prohibiting landlords from discriminating against tenants who use federal housing vouchers, commonly known as Section 8, is unconstitutional. The unanimous ruling sided with a landlord who argued the voucher program would require allowing housing officials to inspect his properties without a warrant, violating his Fourth Amendment rights.

Why it matters

The decision is a setback for tenant advocates and public officials who have pushed to expand protections for low-income renters using federal housing assistance. Discrimination against voucher holders has been a persistent issue, limiting housing options and exacerbating segregation.

The details

The five-judge panel acknowledged the 'laudable' goal of the state law in addressing the shortage of affordable housing, but ultimately concluded it was unconstitutional. The landlord, Jason Fane of Ithaca, N.Y., successfully argued that the voucher program's inspection requirements violated his Fourth Amendment rights.

  • The appeals court ruling was issued on March 5, 2026.

The players

Jason Fane

An Ithaca, N.Y. landlord who challenged the state law prohibiting discrimination against Section 8 voucher holders.

Letitia James

The New York Attorney General who sued Fane in 2022 for violating the state's anti-discrimination law.

Matthew Rauschenbach

A spokesman for New York City Hall, who said the city is evaluating the potential implications of the ruling.

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What they’re saying

“Every New Yorker deserves access to safe and dignified housing regardless of their income or background.”

— Letitia James, New York Attorney General

“The judges correctly concluded that the state cannot coerce landlords into waiving privacy rights.”

— Curtis Johnson, Lawyer for Jason Fane

What’s next

It was not immediately clear what the effect of the ruling would be in New York City, which has its own protections against such discrimination. The city is evaluating the potential implications.

The takeaway

This ruling is a setback for efforts to expand housing options for low-income tenants using federal vouchers, raising concerns about the potential for increased discrimination and segregation in the housing market.