Search Results for ‘"section 8"’

Section 8 Landlording Should Be Voluntary

It’s the strings: landlords should have a right to decide for themselves whether to shoulder the Section 8 program’s only-too-real regulatory burdens, I argue in my new Cato piece, reacting to a Baltimore Sun opinion piece. Baltimore County is the scene of a long-running controversy over whether to force landlords to participate in the federal housing voucher program. Earlier here.

Sidelight: A new San Diego ordinance that took effect August 1 “orders violators to pay three times the advertised monthly rent to eligible plaintiffs who saw the ad, plus punitive damages, as well as a plaintiff’s attorney fees and costs if a judge so orders. Even after the offending ad is taken down or changed, exposure to liability from anyone who saw the illegal ad lasts for a year.” Soon thereafter enterprising attorney Christian Curry filed more than 50 lawsuits under the ordinance and has obtained many settlements, although critics suspect his clients weren’t always intent on living in properties with challenged ads; they also say some ads were targeted that were written before the law changed and not intentionally left online afterward. A spokeswoman for a property group “likened the new Section 8 cases to ‘drive-by’ lawsuits over violations of the Americans with Disabilities Act.” [Ashly McGlone and Jack Molmud, Voice of San Diego]

Can landlords opt out of the Section 8 rental program?

The Section 8 federal housing voucher program was conceived as one in which owners of rental properties participate voluntarily, but that may be changing. One straw in the wind: the push for “source of income discrimination” laws prohibiting landlords from turning away Section 8 tenants. Another: a new Third Circuit decision declaring that the owner of a unit converted to market-rate could not refuse to renew a lease even after the original tenant died. I look at Hayes v. Harvey in my new post at Cato.

Baltimore County to consider bill forcing landlords to take Section 8

In suburban Baltimore County, county executive Kevin Kamenetz has introduced a bill to ban “housing voucher discrimination,” that is to say, a bill requiring landlords to take Section 8 tenants. “Kamenetz is required to introduce the bill as part of a housing discrimination settlement with the federal Department of Housing and Urban Development that was reached this year. … If [it] does not pass the County Council, the HUD settlement requires it to be reintroduced in future years.” Landlords and property owners say that it is unfair to force them to enroll against their will in a program with cumbersome paperwork and inspections. [Pamela Wood, Baltimore Sun] HUD is now arm-twisting jurisdictions nationwide into enacting these bad laws; earlier here (bad renter trashes unit), here, etc.

Update: County legislature votes down bill [Baltimore Campaign for Liberty]

Discrimination law roundup

  • Don’t try to pull a “back where she came from” tirade at a private workplace [EEOC guidance (“potentially unlawful” for employer to allow); Daniel Schwartz]
  • “B.C. groin waxing case is a mockery of human rights” [Rex Murphy, National Post] Also from Canada: “Single dad facing Human Rights Complaint for asking the age and gender of a potential babysitter” [Justice Centre for Constitutional Freedoms, related case]
  • Canada continued: inquiry on missing and murdered indigenous women “strips the word genocide of meaning” [Jonathan Kay, Quillette]
  • More evidence that “ban the box” laws restricting criminal record inquiries “induce firms to engage in statistical discrimination that negatively affects the employment prospects of minorities.” [Peter Van Doren/Cato, earlier here and here]
  • Disparate-impact watch: Fifth Circuit rules, over a dissent, that landlords do not violate the federal Fair Housing Act by declining to accept Section 8 rent vouchers [opinion and denial of rehearing en banc (7-9) in Inclusive Communities Project v. Lincoln Properties; earlier here]
  • “Agencies that enforce antidiscrimination laws tend to be oblivious or hostile to constitutionally protected liberties in general and freedom of speech in particular.” [David Bernstein]

December 5 roundup

  • “An important win for property owners”: Supreme Court rules 8-0 that protected species habitat doesn’t include tracts containing no actual dusty gopher frogs and not inhabitable by them absent modification [Roger Pilon, George Will, earlier on Weyerhaeuser v. U.S. Fish & Wildlife Service, Cato Daily Podcast with Holly Fretwell and Caleb Brown (“The Frog Never Had a Chance”)]
  • Proposed revision of federal Violence Against Women Act (VAWA) would expand definition of domestic violence to include nonviolent “verbal, emotional, economic, or technological” abuse. Vagueness only the start of the problems here [Wendy McElroy, The Hill]
  • Bad ideas endorsed by the American Bar Association, part 3,972: laws requiring landlords to take Section 8 tenants [ABA Journal; earlier on “source of income discrimination” laws]
  • Minneapolis “Healthy Foods Ordinance” drives up costs for convenience stores, worsens food waste, pressures ethnic grocers into Anglo formats [Christian Britschgi]
  • New York Attorney General-elect Letitia (Tish) James has been zealous about suit-filing in recent years, quality another matter [Scott Greenfield]
  • “Plaintiff wins $1,000 in statutory damages for technical violation of Fair Debt Collection Practices Act. (Debt collector illegally used the words ‘credit bureau’ in its business name.) After plaintiff’s lawyers seek $130k in fees, district court awards them the princely sum of $0. Fifth Circuit: Just so. While fees are ordinarily mandatory, ‘special circumstances’ obtain here: The record suggests that the plaintiff colluded with her lawyers to generate this ‘outrageous’ fee-heavy lawsuit in Texas instead of in her home state of Louisiana.” [John Kenneth Ross, IJ “Short Circuit” on Davis v. Credit Bureau of the South]

Administrative law roundup

Housing roundup

  • Under HUD deal, “Dubuque must now actively recruit Section 8 voucher holders from the Chicago area,” 200 miles away [Stanley Kurtz/National Review, Deborah Thornton/Public Interest Institute, July]
  • Mandatory rental inspections: Can City Hall demand entrance to a home with no evidence of violations? [Scott Shackford] Nuisance abatement laws: “NYPD Throws People Out of Their Homes Without Ever Proving Criminal Activity” [same]
  • Data point on scope of regulation: online marketing of sink faucets “seems targeted at assuring potential purchasers of regulatory and legal compliance,” both ADA and environmental [Ira Stoll]
  • Public interest litigators’ “right to shelter” created today’s hellish NYC homeless program [NYT on murder at Harlem shelter, background at Point of Law]
  • Flood insurance: “$7.8 Million Fee For Lawyers, 7-Cent Check For One Lucky Class Member” [Daniel Fisher]
  • On eminent domain, some lefty lawprofs suddenly turn all skeptical on whether courts can fix injustice [Ilya Somin] Prof. Purdy defends the Kelo v. New London decision, but Prof. Kanner would like to correct a few of his facts;
  • “The San Francisco artist who is being kicked out of his apartment after 34 years is a perfect example of why rent control is awful” [Jim Edwards, Business Insider] “Big-City Mayors Think They Can Mandate Their Way to Affordable Housing” [Matt Welch, Reason]

Maryland roundup

The march of international human rights

London real estate values have soared, and a furor has broken out on the Left over one large landlord’s announcement that it no longer welcomes government-assisted tenants (related story on U.S. Section 8). According to at least one professor of law, international human rights treaties require the United Kingdom to take affordable housing steps [Aoife Nolan, HuffPo U.K.] Good to be aware of these things before we start ratifying any more of them…

“Every landlord’s worst nightmare” video

A video from the humor site The Chive has been making the rounds with a landlord’s narration of the ghastly extent of damage to a family home done by a single really bad tenant participating in the federal Section 8 housing-voucher program (and not responsible for most of the rent). Some landlords might react to such an experience by becoming more wary of Section 8 tenants and subjecting them to extra screening or interviewing, while others might be more convinced by assurances (from various quarters supportive of the Section 8 program) that horror stories are in no way typical and that tenants using the vouchers are no more likely to trash a property than any other tenants.

Such a difference of opinion might be of relatively limited interest — some landlords could follow one strategy, others the opposite, and experience would tell which was the more successful — except that the Obama administration and its allies are taking the position that “discrimination” against Section 8 tenants, whether in the form of extra scrutiny of their applications, turning them away as applicants, or anything else, should be illegal. That is one of the major demands of HUD’s lawsuit against Westchester County, N.Y., and it is the substance of laws passed in Cook County, Ill. and elsewhere lately, at the urging of “fair housing” groups, banning so-called source-of-income discrimination. [Chicago Reporter, Courier News, Tenants Union of Washington State] The message of these laws to hapless landlords like the one who narrates the Chive video is: sorry about your house getting trashed, but tough luck, see you in court if you try to protect yourself. (& welcome Above the Law readers).