California property owner sues State for violating Fourth Amendment through mandatory participation in Section 8 Housing Program

Thomas Manning is a Sacramento-based property manager and the founder of Tower Bridge Property Management, a company that manages about 300 properties across the state and prides itself on its high reviews from tenants. Manning enjoys the work and the opportunities it provides to meet new people and hear their stories. But one thing clouds his work: a state mandate that puts his Fourth Amendment rights—and those of every California property owner—at risk.

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.

Manning sees this mandate as a clear violation of California property owners’ Fourth Amendment rights and a direct contradiction of Congress’ intentions that participation in Section 8 remains voluntary.

The Constitution protects all Americans from unreasonable searches of their property and person. Before the government can enter and search your home, it must produce a warrant based on probable cause. Participation in a federal program does not erase that protection.

Furthermore, states cannot force anyone to participate in a federal program that Congress made optional—particularly when participating in that program threatens your constitutional rights. When state and federal law conflict with one another, the state law is preempted by the federal law and should become null and void.

Represented at no cost by Pacific Legal Foundation, Manning filed a federal lawsuit to challenge California’s forced participation mandate. He argues that the State cannot compel property owners to give up their Fourth Amendment rights and submit to warrantless searches of their property simply because a renter participates in the Section 8 Housing Voucher Program. His lawsuit urges the court to strengthen protections for property owners’ Fourth Amendment rights by putting an end to forced participation in the Section 8 Housing Program.