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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

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. Surprisingly, the majority’s fear of a perpetual tenancy is so severe that it accuses me of "failing] to consider the actual implications of [my] interpretation.” Maj. Op, at 111 n.U. I would hold that § 1437f(t) grants families eligible for enhanced vouchers a right to lease renewal if they are able to pay their statutorily prescribed portion of rent. However, enhanced vouchers and the accompanying right to remain are only available to the original family on behalf of whom,the voucher was provided: they cannot be transferred to other family members or other third parties. See 42 U.S.C. § 1437f(t)(l)(C)(ii). Moreover, throughout the tenancy, tenants benefitting from' the enhanced voucher program remain subject to the applicable HAP contract and lease agreement These documents may provide landlords with additional grounds for terminating the tenancy, In- this case, for instance, the . lease allows the Owner to terminate based on, among other things, a history of disturbance, the owner’s desire to utilize the dwelling for personal, family, or- non-residential use, or "[violation of Federal, State, or local law that impose obligations on the Tenant.” JA 653.