Section 8

Citation: Section 8
Parent Document: Commission on Human Rights & Opportunities v. Sullivan Associates, 250 Conn. 763 (1999)
Jurisdiction: Connecticut (state)
Effective Date: 1999-10-12
Original Source: https://www.courtlistener.com/opinion/7898215/commission-on-human-rights-oppo... ↗

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*774Our preemption analysis is consistent with the decisions of the majority of courts in other jurisdictions that have considered the issue. See Franklin Tower One, LLC v. N.M., 157 N.J. 602, 622, 725 A.2d 1104 (1999) (federal statute does not preempt state law requiring landlords to accept tenants with section 8 assistance); Attorney General v. Brown, 400 Mass. 826, 831, 511 N.E.2d 1103 (1987) (same); see also Stevenson v. San Francisco Housing Authority, 24 Cal. App. 4th 269, 280-81, 29 Cal. Rptr. 2d 398 (1994) (federal section 8 provisions do not preempt state law immunity of local government entities). The one court that did suggest preemption did so only in dictum. See Knapp v. Eagle Property Management Corp., 54 F.3d 1272, 1282 (7th Cir. 1995) (“[i]t seems questionable, however, to allow a state to make a voluntary federal program mandatory”).

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