Landlord Can't Refuse Tenant's Section 8 Subsidy

Tenant sued landlord, claiming discrimination. Tenant claimed that landlord refused to accept Section 8 rent subsidy vouchers from tenant. Tenant argued that N.Y.C. Administrative Code Section 11-243 barred landlord from discriminating on the basis of Section 8. Landlord argued that the requirement applied only to incoming tenants, not to tenants already in occupancy. Landlord asked the court to dismiss the case. The court ruled for tenant. The law passed by the City Council in March 2008 requires landlords to accept Section 8 vouchers from otherwise eligible tenants. The law applied whether tenants were seeking an apartment or already in residence. The law simply barred landlord from rejecting or discriminating against tenants or potential tenants based on any "lawful source of income." Landlord must accept tenant's Section 8 voucher.

Rizzuti v. Hazel Towers Co.: NYLJ, 4/2/08, p. 27, col. 1 (Sup. Ct. NY; Goodman, J)