The Legal Aid Society represents Safe Horizon, which intervened in a challenge to the New York City Human Rights Law (NYCHRL)’s source of income protections brought by landlord 216 East 29th Street Trust (the Trust). The Trust argued that participation in the Section 8 program compels building owners to waive their Fourth Amendment rights, and that federal law preempts the NYCHRL. The Trust brought its lawsuit after a Section 8 voucher holder reported its discrimination.

In a motion to dismiss, we argued that the Trust lacked standing, and that its complaint failed to state a claim because the NYCHRL does not result in unconstitutional searches and is not in conflict with federal law.

In January 2025, a federal district court judge granted New York City’s and our motion to dismiss the Trust’s case, finding that its claims were not justiciable.

The Trust appealed to the Second Circuit, which affirmed the district court’s decision on Younger abstention grounds in November 2025.