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Section 8

Citation
Section 8
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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. Before the enactment of the current statutory language, § 1437f(t)(l)(B) provided that a family was entitled to an enhanced voucher "during any period that the assisted family continues residing in the same project.” Pub. L. No. 106-74, tit. V, § 538(a), 113 Stat. 1047, 1122 (1999). But in 2000 Congress amended the provision to provide that “the assisted family may elect to remain ... and if, during any period the family makes such an election and continues to so reside....” Pub. L. No. 106-246, div. B, tit. II, § 2801, 114 Stat. 511, 569. The Hayes family and the dissent argue that the 2000 amendment is evidence that Congress intended to clarify that property owners have no say in the assisted family’s election to remain. In our view, through the 2000 amendment Congress intended to make clear that, following a valid opt-out, HUD could not force an assisted family to leave the unit and that the family's enhanced vouchers must be credited toward their rental obligations. See Park Vill., 636 F.3d at 1156 (finding that the statute "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"). But after a rental agreement naturally expires, so too do the attendant rental obligations. At that point, the statute goes silent. Nothing in its text explicitly or impliedly obligates property owners to continuously renew enhanced-voucher tenancies.