Emery Celli Brinckerhoff Abady Ward & Maazel LLP, together with the University at Buffalo School of Law Civil Rights & Housing Clinic, filed an amicus brief on behalf of six fair housing and legal services organizations urging the New York Court of Appeals to reverse an appellate ruling that threatens New York’s protections against housing discrimination based on lawful source of income.

The amici —CNY Fair Housing, Fair Housing Justice Center, Housing Opportunities Made Equal, Long Island Housing Services, Westchester Residential Opportunities, and Legal Assistance of Western New York — serve communities across New York State and advocate for renters who rely on Section 8 and other forms of rental assistance.

The case, People v. Commons West, LLC, et al., stems from New York Attorney General Letitia James’s lawsuit against Ithaca landlord Jason H. Fane and affiliated companies for allegedly refusing to rent to tenants using Section 8 or Housing Choice Vouchers.  A lower court held that the New York State Human Rights Law was facially unconstitutional based on concerns that landlords participating in the voucher program could face warrantless inspections, and an appellate court upheld that ruling. The amicus brief argues that the concern is hypothetical: no warrantless inspection was requested or conducted in this case, and landlords retain constitutional avenues to challenge inspections.

The six fair housing and legal services organizations are represented by ECBAWM attorneys Diane Houk and Hannah Brudney.  The full press release can be read here.