Can California force a private landlord to participate in the federal Section 8 Housing Choice Voucher program?
That is the central question in a federal lawsuit brought by Tower Bridge Property Management and its owner, Thomas Manning, challenging California’s requirement that landlords accept Section 8 housing vouchers.
The lawsuit was filed July 17, 2026, in the United States District Court for the Eastern District of California.
THE ARGUMENT IS SIMPLE
Section 8 is a voluntary federal program.
California effectively requires landlords to participate.
Participation means more than accepting a voucher as rent. Landlords must enter into a Housing Assistance Payments (HAP) contract and agree to government inspections and access to property and certain records.
The Fourth Amendment protects against unreasonable government searches.
A landlord who voluntarily joins Section 8 can voluntarily agree to those inspections.
But can the government force a landlord into the program—and then rely on that forced participation to obtain consent to government inspections?
We believe the Fourth Amendment says no.
WHY TOWER BRIDGE IS INVOLVED
Tower Bridge Property Management manages residential rental properties throughout the Sacramento area. California’s law directly affects the property owners we represent and our everyday management decisions.
This case is not about eliminating Section 8. Section 8 provides important housing assistance, and property owners who want to participate should remain free to do so.
The issue is whether participation can be forced.
Congress created Section 8 as a voluntary program. California has effectively made participation mandatory for landlords.
We believe forcing participation—and the consent to government inspections that comes with it—violates the Fourth Amendment.
NEW YORK HAS ALREADY ADDRESSED THIS ISSUE
New York enacted a similar requirement, and landlords challenged it.
In Matter of People of the State of New York v. Commons West, LLC, the court recognized that requiring landlords to accept Section 8 effectively required participation in the federal program—including consent to inspections and government access.
The court concluded that forcing landlords to give that consent violated the Fourth Amendment.
In 2026, the New York Supreme Court, Appellate Division, Third Department affirmed the judgment declaring the challenged requirement facially unconstitutional to the extent it forced landlords to accept Section 8 vouchers.
The principle is straightforward:
The government cannot make a voluntary program mandatory and then force property owners to surrender Fourth Amendment protections as a condition of participating.
WHY THE CALIFORNIA CASE MATTERS
The New York decision does not control the California federal court, and California’s law has not yet been declared unconstitutional.
But the same basic question is now before the court:
Can California force landlords to participate in Section 8 when participation requires consent to government inspections they could otherwise refuse?
We believe the Fourth Amendment says no.
This video explains the lawsuit, why Tower Bridge brought the challenge, and why the New York decision matters to the California case.
⚖️ CALIFORNIA LAWSUIT
Manning v. Kish
Filed: July 17, 2026
U.S. District Court, Eastern District of California
Complaint:
https://pacificlegal.org/wp-content/uploads/2026/07/Manning-v.-Kish_PLF-Complaint_7.17.26.pdf
⚖️ NEW YORK DECISION
Matter of People of the State of New York v. Commons West, LLC
New York Supreme Court, Appellate Division, Third Department
2026 NY Slip Op 01253
Official decision:
https://www.nycourts.gov/reporter/3dseries/2026/2026_01253.htm
📰 MEDIA COVERAGE
The Center Square:
https://www.thecentersquare.com/california/article_8faac63c-0533-5f0d-ae33-4aa4bec2a959.html
SFGATE / CalMatters:
https://www.sfgate.com/news/bayarea/article/calmatters-california-landlord-fights-law-meant-22361900.php
CalMatters:
https://calmatters.org/newsletter/california-rent-voucher-lawsuit/
Yahoo News:
https://www.yahoo.com/news/politics/articles/landlord-sues-california-saying-section-140000333.html
Daily Journal:
https://www.dailyjournal.com/article/393086-landlord-challenges-california-s-section-8-requirements
🔗 FOLLOW TOWER BRIDGE PROPERTY MANAGEMENT
Website:
https://www.towerbridge.com/
LinkedIn:
https://www.linkedin.com/company/tower-bridge-property-management
Facebook:
https://facebook.com/TowerBridgePM
Instagram:
https://instagram.com/tower_bridge_pm
This video is for informational and educational purposes and does not constitute legal advice. The California lawsuit challenges the constitutionality of the state’s requirements; the federal court has not yet ruled on that question.
#Section8 #FourthAmendment #PropertyRights #LandlordRights #ConstitutionalRights #CaliforniaLandlords #HousingLaw #HousingChoiceVoucher #PropertyManagement
