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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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with the express purpose of “aiding low-income families in
obtaining a decent place to live and of promoting economically
mixed housing.” § 1437f(a). “[A] key means to that end is the
creation of incentives for private owners to participate in the
section 8 program.” Barrientos v. 1801-1825 Morton LLC, 583
F.3d 1197, 1203 (9th Cir. 2009).
        Section 8 assistance is funded by the U.S. Department
of Housing and Urban Development (HUD) and administered
by local public housing agencies. 24 C.F.R. § 982.1(b)(1).
Those agencies enter into Housing Assistance Payment (HAP)
contracts with participating property owners. HAP contracts
generally require that a lease between a property owner and
tenant cover at least one year. 42 U.S.C. § 1437f(d)(1)(B)(i),
(o)(7)(A). They also prohibit the property owner from
“terminat[ing] the tenancy [during the term of the lease] except
for serious or repeated violation of the terms and conditions of
the lease, for violation of applicable Federal, State, or local
law, or for other good cause.” § 1437f(d)(1)(B)(ii), (o)(7)(C).
Importantly, HAP contracts establish the maximum monthly
rent a property owner may charge for each dwelling unit. §
1437f(c)(1)(A). A tenant’s assistance is statutorily determined
based on his or her household income, the unit’s rent, and the
rent for similar units in the market area (known as the payment
standard). § 1437f(c)(3), (o)(2).
       There are two distinct assistance programs: project-
based assistance and tenant-based assistance (or the Housing
Choice Voucher program). Project-based assistance is
provided directly to property owners—the subsidies are
property-specific. Tenant-based assistance is provided directly
to tenants—the subsidies are tenant-specific.
      In the 1990s property owners became eligible to opt out
of project-based assistance programs. Congress and HUD