INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

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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HUD 'has consistently restated—and perhaps more importantly, applied—this interpretation of the right to remain. In 2014, it wrote a pair of letters, one to public housing authorities and one to landlords, reiterating that enhanced vouchers have a rigftt to remain in their apartments, even beyond the first year of assistance. JA 272-73. HUD has repeatedly reissued the Section 8 Renewal Policy Guide, most recently in 2017, without revisions relevant to this litigation. And in 2016, HUD issued a proposed rule on enhanced vouchers. Tenant-Based Assistance: Enhanced Vouchers, 81 Fed, Reg. 74,372 (Proposed Oct. 26, 2016). This rule, which if finalized would “codify” HUD’s existing enhanced voucher policies, would “provide that, absent repeated lease violation, or other, good cause, a family that receives an enhanced voucher has a right to remain in the project,” pursuant to the “statutory requirement” of 42 U.S.C. § 1437f(t)(1)(B). Id, at 74,375.9 HUD is clear and consistent: to terminate an enhanced voucher holder’s tenancy, even at the end of a lease term, good cause is required. For each of the sixteen years since the “may elect to remain” language has been a part of the statute, HUD has administered the right to remain in the same way.