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/ ↗

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Various factors—some not even discussed by the majority, and none meaningfully credited—require additional deference here. We grant additional deference to an “unchanging policy,” Hagans v. Comm’r of Soc. Sec., 694 F.3d 287, 304-05 (3d Cir. 2012) (citing Alaska Dep't of Envtl. Conservation v. EPA, 540 U.S. 461, 492, 124 S.Ct. 983, 157 L,Ed.2d 967 (2004)) and to interpretations issued contemporaneously with the statute. Id. (citing Madison v. Res. for Human Dev., Inc., 233 F.3d 175, 187 (3d Cir. 2000)). Here, HUD first found that enhanced vouchers provided a “right to remain” in 2001, immediately, after the statute was originally enacted, and never. wavered from that interpretation through the pendency of this litigation. We “normally accord particular deference to an agency interpretation of longstanding duration.” Barnhart v. Walton, 535 U.S. 212, 220, 122 S.Ct. 1265, 152 L.Ed.2d 330 (2002) (internal quotations omitted). Yet the majority grants this interpretation no deference at all.