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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/ ↗

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Nor does Park Village stand alone. A slew of district court opinions have found that enhanced vouchers provide an open-ended right to remain. Not one agrees with the majority. Park Vill., 636 F.3d at 1157 (“every court to consider the question has concluded that § 1437f(t) affords tenants a right to remain, exercisable as against the owner”); see also Estevez, 2005 WL 3164146 at *5-*6 (describing “unfettered right to remain” and rejecting position that “tenants can pay their rent with enhanced vouchers only if the landlord decides to accept them”); Barrientos v. 1801-1825 Morton, LLC, No. CV06-6437 ABC (FMOX), 2007 WL 7213974, at *6, *8 (C.D. Cal. Sept. 11, 2007), aff’d on other grounds, 583 F.3d 1197 (9th Cir. 2009) (concluding “the enhanced voucher provision creates a right for tenants to remain in tenancy” such that tenancies can be terminated only for “the eviction grounds in subsection (o)(7)”); Jeanty v. Shore Terrace Realty Ass’n, No. 03 CIV. 8669 (BSJ), 2004 WL 1794496, at *5 (S.D.N.Y. Aug. 10, 2004) (stating enhanced voucher gives tenant “option to. renew her lease so long as the property, is offered-as rental housing and Plaintiff receives enhanced vouchers, absent good cause to terminate her tenancy under Federal, State or local law” because it is “illogical to provide a tenant with the right to remain without requiring the landlord to offer the tenant the option to renew the lease”); Feemster v. BSA Ltd. P’ship, 471 F.Supp.2d 87, 93 (D.D.C. 2007) (adopting HUD position that statute imposes “requirement to allow families receiving enhanced vouchers who elect to remain do so as long as the property remains a rental property, unless the owner has just cause for eviction”), aff’d in relevant part, 648 F.3d 1063 (D.C. Cir., 2008) (no dispute that statute “gives tenants the right to remain in their units”).11 Not all of these cases detail-specifically the-bounds of the right to remain—but all find that it exists.12