Appellate Division, Third Department · March 5, 2026 · 252 AD3d 190
Matter of People v Commons West, LLC
Read the official decision: 252 AD3d 190
Holding The source-of-income discrimination law is facially unconstitutional because it indirectly compels landlords to consent to warrantless searches of their properties and records as a condition of participating in the Section 8 program. This requirement violates landlords’ Fourth Amendment rights, and a voluntary administrative policy does not cure the statute’s facial invalidity.
The court’s words
the source-of-income discrimination law violates landlords’ Fourth Amendment rights to be free from unlawful searches
252 AD3d 190, at the official text
they are indirectly compelled through the terms of the Section 8 program and the HAP contract
252 AD3d 190, at the official text
the proper focus of the constitutional inquiry is searches that the law actually authorizes
252 AD3d 190, at the official text
the inspection scheme does not provide adequate safeguards
252 AD3d 190, at the official text
this policy does not cure the facial unconstitutionality of the source-of-income discrimination law
252 AD3d 190, at the official text
| Court | Appellate Division, Third Department |
|---|---|
| Decided | March 5, 2026 |
| Citation | 252 AD3d 190 |
| Area of law | Civil Rights and Constitutional Law · Landlord and Tenant and Housing |
| Week | Week ending March 7, 2026 |
| Official text | Official decision: 252 AD3d 190 |
| Source feed | New York advance sheet: 26nyadv42.pdf |
| Law Watch record id | 1509 |
| Caption in the source feed | MTR OF PEOPLE v COMMONS |
Recommended citation
ESQ HQ, New York Law Watch, Matter of People v Commons West, LLC, 252 AD3d 190 (Appellate Division, Third Department, March 5, 2026), https://esqhq.com/decisions/252-ad3d-190/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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