NYC Section 8 Landlord Requirements Get Friendly Second Circuit

Second Circuit judges were perplexed by a Manhattan landlord’s request that the court declare unconstitutional a New York City law requiring landlords who participate in Section 8 housing to allow searches of their premises.

The plaintiff—the owner of a 48-unit residential apartment building—is appealing the dismissal of his case asserting the law violates his Fourth Amendment right to be free from unreasonable search and seizure. But Senior Judge Guido Calabresi and Judge Eunice C. Lee pointed out during Tuesday’s oral arguments that the owner hasn’t yet faced any threat of a search because he hasn’t accepted a tenant for Section ...