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Fourth Amendment Landlords

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth... more +
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth Amendment applies to the States via the Due Process Clause of the Fourteenth Amendment.  Important areas of Fourth Amendment jurisprudence flow from questions surrounding the definitions of "search" and "seizure," the applicability of the Amendment to so-called "stop and frisk" situations, the level of control that must be exerted by law enforcement before an individual is deemed "seized," and the "exclusionary rule," just to name a few.    less -
Bond Schoeneck & King PLLC

Court Finds Compulsory Participation in Section 8 Unconstitutional

A portion of the New York State Human Rights Law prohibiting landlords from discriminating against potential tenants based on their source of income, forcing landlords to participate in Section 8, was found unconstitutional....more

Jackson Lewis P.C.

New York Source-of-Income Antidiscrimination Statute Deemed Unconstitutional

Jackson Lewis P.C. on

The source-of-income antidiscrimination statute in the New York State Human Rights Law (NYSHRL) is unconstitutional as it violates the Fourth Amendment of the U.S. Constitution, New York State Supreme Court Judge Mark G....more

Perkins Coie

City’s Rent Ordinance Disclosure Requirements Did Not Violate Fourth Amendment

Perkins Coie on

The Ninth Circuit rejected a Fourth Amendment challenge to the City of San José’s Apartment Rent Ordinance, ruling that the plaintiff landlords had failed adequately to allege a reasonable expectation of privacy in the...more

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