Pacific Legal Foundation files lawsuit alleging California’s mandatory participation in Section 8 violates Fourth Amendment

Pacific Legal Foundation issued a press release this Friday after the lawsuit was filed.

"A California property owner filed a Fourth Amendment lawsuit today challenging California’s mandate that all property owners participate in the Section 8 Housing Program. Thomas Manning argues that this mandate violates property owners’ constitutional rights by forcing them to submit to warrantless searches of their property in order to participate in the rental market.

“California is using civil rights laws to dragoon property owners into surrendering their own rights — like the right to be secure against warrantless searches,” said Austin Waisanen, an attorney at Pacific Legal Foundation. “But no state can force residents to surrender their constitutional rights merely because they participate in the rental market. This lawsuit aims to hold California accountable for trying.”

In 2019, the State of California amended its Fair Employment and Housing Act to prohibit landlords from declining an otherwise qualified potential renter’s application because they use Section 8 housing vouchers — effectively, requiring participation in the Section 8 program. To participate, however, landlords must grant the local housing authority, the U.S. Department of Housing and Urban Development, and the Comptroller General “full and free access” to the assisted rental unit and to their own facilities, equipment, and records containing information related to the unit. Recurring inspections are conducted without a warrant, probable cause, or opportunity for pre-compliance review.

Thomas Manning, a Sacramento-based property manager and the founder of Tower Bridge Property Management, filed a federal lawsuit to challenge the amended law. Manning argues that, by mandating participation in Section 8, California effectively compels landlords to participate in a federal program that Congress designed to be voluntary. He argues that this also violates the Fourth Amendment by subjecting landlords to warrantless, suspicionless searches. His lawsuit asks the court to strike down the participation requirement and protect Californians’ constitutional rights.

Pacific Legal Foundation represents Manning free of charge. The case is Thomas Manning v. Kevin Kish."