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

1,404 chars 
The interpretation I propound here— there is a right to remain—is also shared by every other court to interpret the enhanced voucher statute, until this litigation. The most analogous case to this one is the Ninth Circuit’s decision in Park Village Apartment Tenants Association v. Mortimer Howard Trust, 636 F.3d 1150 (9th Cir. 2011). There, as here, a group of tenants of a formerly project-based housing complex argued that they had a right to remain and to pay their rent using enhanced vouchers. The Ninth Circuit found that the enhanced voucher statute “provides tenants a right to remain in them previously subsidized Section 8 rental units in the absence of just cause for eviction.” Id. at 1163. I need not recite the Ninth Circuit’s arguments—they are the same ones already outlined here, including arguments from plain text and the enactment history of the statute, as well as deference to HUD. Notably, the Ninth Circuit also explained the problems with the very same arguments that the majority now embraces. For example, the Ninth Circuit clearly explains why there is no conflict between the rights given to tenants during the one-year notice period for opting out of project-based assistance—which precedes the issuance of an enhanced voucher—and the rights provided by an enhanced voucher—which comes after project-based assistance has ended. Compare id. at 1158 with Maj. Op. at 105-06.