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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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. Although the majority indicates that it is the "HAP contract and related lease” that "subject” Harvey to the requirements of Section 8, it provides no support for this statement. Maj. Op. at 103 n.l. Nothing in Section 8 conditions its effect—the power of a federal statute—on common law devices like contracts and leases, although the statute does use such devices to carry out its scheme. Put differently, Congress can legislate without authorization from a private contract. Indeed, other courts have held that the enhanced voucher statute can impose requirements even on landlords who are not covered by a HAP contract. See Park Vill. Apartment Tenants Ass’n v. Mortimer Howard Tr., 636 F.3d 1150, 1161-62 (9th Cir. 2011). Particularly given that the contract and lease terms are not implicated in this litigation, it is the statute, and only the statute, which is the source of the obligations at issue. The majority correctly proceeds with a statutory analysis, but fundamentally misstates the source of the statute’s power: Article I of the Constitution, not private agreements.