Tenant Advocates Seek De-publication of Section 8 Decision

The National Housing Law Project (NHLP) is seeking de-publication of a portion of Sabi v. Sterling, a case that recently upheld an owner's right not to participate in the Section 8 voucher program. (Depublication means that a portion of the ruling or the entire ruling may not be used as legal authority in future briefs and cases.)

In the Sabi v. Sterling case, in which CAA filed an amicus brief, the court made two rulings:

1.  That California's prohibition against discrimination based on "source of income" does not require an owner to participate in the Section 8 program because neither the tenant's voucher, nor the housing payments made under the program constitute "income" of the tenant.

2.  That under the facts of the case, the owner is not required to accept the existing tenant's Section 8 voucher as a reasonable accommodation for her disability.

NHLP is seeking de-publication of that part of the case containing the second ruling, claiming it will significantly reduce the rights of disabled persons under California fair housing law. In that section, the court held that the accommodation of allowing a Section 8 voucher was not "necessary" to allow the tenant full use and enjoyment of the premises, as the tenant conceded she already had full use and enjoyment of the premises, and the existing "accommodations she has suit her needs."

As stated before, if that portion of the ruling is de-published it may not be cited as legal authority in future briefs and cases and may leave open new ways of interpreting just what is a reasonable accommodation.