DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 1487f

Citation
§ 1487f
Parent Document
Theodore Hayes v. Philip Harvey, 874 F.3d 98 (2017)
Effective Date
2017-10-18
Original Source
https://www.courtlistener.com/opinion/4435296/theodore-hayes-v-philip-harvey/ ↗

Other Sections in This Document (260)

Full Text

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Our dissenting colleague believes that our interpretation of the enhanced voucher provision puts us at odds with other courts that have interpreted the statutory “right to remain." But he fails to adequately consider that the Ninth and D.C. Circuits concluded not that enhanced-voucher recipients have a right to remain both during and upon the natural expiration of their lease term, but specifically that a landlord who refuses to accept enhanced vouchers as part of a tenant’s rental payment cannot then evict those tenants for nonpayment. See Park Vill., 636 F.3d at 1156 (“The statute gives ‘assisted families’ the right ‘to remain in the same project.’ The statute also authorizes' owners to. raise their rents to a reasonable market rate and to receive a housing assistance payment, by means of an enhanced voucher, to cover the authorized increases in rent. It does not authorize owners to raise their rents to a reasonable market rate, but then to refuse to accept payment by means of an enhanced voucher, and evict an ‘assisted family’ for nonpayment of rent.”); Feemster v. BSA L.P., 548 F.3d 1063, 1069 (D.C. Cir, 2008) (“Neither the U.S. Housing Act nor HIJD’s interpretation of that Act bars landlords from terminating a tenancy on any ground permitted by D.C. law. One thing that [the landlord] may not do, however, is refuse to accept payment by voucher and then contend that eviction is warranted for nonpayment of rent,”). Our dissenting colleague further suggests that our interpretation of Park Village—where a midterm eviction for nonpayment was at issue—-is flawed because we “conflate[] one of the Ninth Circuit’s holdings with the other.” Dissenting Op. at 120-21. The majority does not, however, “conflate” Park Village’s holdings. Rather, it agrees with the Ninth Circuit’s interpretation regarding the “may elect to remain” language insofar as it lends meaning to the 2000 amendment—that tenants are only required to pay their “statutorily prescribed portion of the rent,” and that owners cannot “refuse to accept payment by means of an enhanced voucher, and evict an ‘assisted family’ for nonpayment of rent.” Park Vill., 636 F.3d at 1166.