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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 8

Citation
Section 8
Parent Document
Theodore Hayes v. Philip Harvey, 874 F.3d 98 (2017)
Effective Date
2017-10-18

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Section 8 Renewal Policy Guidebook § 11-3(B), at pp. 3-4.9 The Hayes family and the dissent assert that we should defer to HUD’s interpretation of the enhanced voucher provision. But as an agency interpretation contained in a guidance document it lacks the force of law and is not entitled to Chevron deference. See Christensen v. Harris County, 529 U.S. 576, 587, 120 S.Ct. 1655, 146 L.Ed.2d 621 (2000). At most, HUD’s interpretation is “entitled to respect” to the extent that it has “the power to persuade.” Id. (citing Skidmore v. Swift & Co., 323 U.S. 134, 140, 65 S.Ct. 161, 89 L.Ed. 124 (1944)).