New York Court Ruling Allows Landlords to Refuse Section 8 Vouchers

The decision strikes down a state law that required landlords to accept housing vouchers, raising concerns for affordable housing advocates.

Published on Mar. 10, 2026

Got story updates? Submit your updates here. ›

A New York appeals court has struck down a state law that required landlords to accept Section 8 housing vouchers, ruling that the law violated constitutional protections against unreasonable searches. The decision could make it easier for some landlords to reject tenants who rely on rental assistance, raising concerns from housing advocates about the impact on affordable housing access.

Why it matters

The ruling could affect thousands of renters who use Section 8 vouchers in New York, as the state's previous source-of-income law prevented landlords from refusing tenants based on their use of vouchers. Housing advocates worry the decision will make it harder for families to find affordable housing, while some landlord groups welcomed the ruling, arguing property owners should have the choice to participate in government housing programs.

The details

The Appellate Division of the New York State Supreme Court struck down the state law, ruling that it forced landlords to allow government inspections tied to the Section 8 program, violating the Fourth Amendment's protection against unreasonable searches. As a result, landlords may now choose not to accept Section 8 tenants, even though the federal program helps low-income households afford rent in private housing by having the government pay part of the rent directly to landlords.

  • The court decision was handed down on March 10, 2026.

The players

Letitia James

The New York Attorney General, who said her office is reviewing the decision and considering an appeal.

Michael Borges

The executive director of the Rural Housing Coalition of New York, who called the ruling a setback for affordable housing.

Ann Korchak

A representative of Small Property Owners of New York, who said the court recognized landlords' concerns about the extensive paperwork and inspections required by the Section 8 program.

Got photos? Submit your photos here. ›

What they’re saying

“The court recognized those concerns.”

— Ann Korchak, Small Property Owners of New York (fingerlakes1.com)

What’s next

Attorney General Letitia James said her office is reviewing the decision and considering an appeal. If the state challenges the ruling, New York's highest court could eventually decide the issue.

The takeaway

This court ruling could make it more difficult for low-income families to find affordable housing in New York, as landlords may now refuse to accept Section 8 vouchers. The decision highlights the ongoing tensions between property rights and the need for accessible, subsidized housing options.