## Facts

- Richard Salute, a person with a disability, received disability benefits and obtained a Section 8 housing certificate after a lengthy wait.
- Section 8 certificate holders generally pay up to 30% of income toward rent, with the balance subsidized by the federal government, and must locate qualifying housing within a limited time or risk losing the certificate.
- Stratford Greens owned and operated an apartment complex and maintained a policy of not renting to prospective tenants because they were Section 8 certificate holders.
- Stratford Greens had tenants receiving Section 8 assistance, but asserted those tenants became Section 8 participants only after signing leases.
- Plaintiffs alleged Stratford Greens’ refusal to rent to Section 8 certificate holders violated the Fair Housing Act and the United States Housing Act.
- Plaintiffs moved to amend the complaint to add Marie Kravette, a disabled Section 8 certificate holder who was refused an apartment solely due to her Section 8 participation.
- Kravette sought a preliminary injunction because she faced an imminent deadline after which she would lose her Section 8 certificate if she did not secure housing.

## Issues

1. Whether a landlord that already has Section 8-assisted tenancies may refuse to rent to a prospective tenant solely because the tenant is a Section 8 certificate holder under 42 U.S.C. § 1437f(t)(1)(A).
2. Whether Kravette satisfied the requirements for a preliminary injunction, including irreparable harm and likelihood of success on the merits (or serious questions plus a hardship balance favoring the movant).

## Decision

- The court granted the unopposed motion to amend the complaint to add Kravette as a plaintiff.
- The court granted a preliminary injunction ordering Stratford Greens to rent an apartment to Kravette, subject to standard Section 8 conditions and rent limits.
- The court found irreparable harm because Kravette faced imminent loss of her Section 8 certificate and the associated housing opportunity.
- The court concluded Kravette showed at least serious questions (and effectively a strong case) on the merits under § 1437f(t)(1)(A), and that the balance of hardships favored her.

## Legal Principles

- Under 42 U.S.C. § 1437f(t)(1)(A), a landlord with Section 8 contractual arrangements in effect may not refuse to rent to a prospective tenant solely because the tenant is a Section 8 participant.
- A landlord’s receipt of Section 8 subsidies for existing tenants can trigger the statutory bar against categorical refusals to accept additional Section 8 certificate holders, even if those tenants entered Section 8 after the initial lease.
- A preliminary injunction requires irreparable harm and either (a) likelihood of success on the merits or (b) sufficiently serious questions plus a balance of hardships tipping decidedly toward the movant.
- Imminent loss of time-limited housing assistance may constitute irreparable harm where replacement benefits are uncertain and money damages are inadequate.

## Conclusion

The court added Kravette as a plaintiff and issued preliminary injunctive relief requiring Stratford Greens to rent to her, holding that a landlord already receiving Section 8 subsidies through existing tenancies could not reject a certificate holder solely because of Section 8 status and that the impending loss of her certificate warranted immediate relief.


Salute v. Stratford Greens, 888 F. Supp. 17 (E.D.N.Y. 1995)