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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)

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. The majority begins its analysis with a different provision, that governing the procedure for opting out of project-based Section 8 assistance. 42 U.S.C. § 1437f(c)(8). I agree that this provision does not govern the case; indeed, no one argues that it does. Maj. Op. at 104 (“The parties do not dispute both that Pine Street Associates satisfied its obligations under the opt-out provision and that the Hayes family’s assistance converted to tenant-based assistance.”). The opt-out provision governs tenants’ rights before an enhanced voucher is provided; the enhanced voucher statute governs their rights afterward. Only the latter is at issue here. As the majority notes, the former owners chose to opt out of project-based assistance in 2008, satisfied their obligations during the one-year opt-out notice period, and the Hayes family’s assistance converted to enhanced vouchers in 2009. Maj. Op. at 101-02. The opt-out provision details obligations that were, by all accounts, long-satisfied.