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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

Other Sections in This Document (260)

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. The majority is correct that the D.C. Circuit in Feemster does not speak to the existence of a right to remain or to landlords’ obligations to renew the leases of enhanced voucher holders. 548 F.3d at 1067 (observing that "[t]his is a single issue case” concerning whether the relevant units were being "offered for rental housing”). For that reason, I do not cite to the D.C, Circuit's opinion, but rather the District Court opinion, which as quoted above, does find a right to remain. The majority's attempt to distinguish the D.C. Circuit’s opinion—by citing dicta, no less—is strange, given that I do not rely on it. It remains the case, though, that the Feemster district court, like the others cited above, found a right to remain, and that the majority still has no other court agreeing with its interpretation.