Overview
- An Appellate Division panel in the Third Department unanimously found the 2019 source‑of‑income provision of New York’s Human Rights Law unconstitutional on its face.
- The case stems from Attorney General Letitia James’s 2022 suit against Ithaca landlord Jason Fane after applicants said they were denied because they used Section 8 vouchers.
- The judges said the law effectively forces landlords to consent to governmental searches of properties and records, even as they called Section 8 a critical tool for affordability.
- James’s office said it is reviewing the decision and potential next steps, including an appeal to New York’s highest court.
- Tenant advocates warned the ruling will invite more denials of voucher holders and could spur challenges to local protections, while landlord groups and Fane’s counsel praised the outcome.