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
Original Source
https://www.courtlistener.com/opinion/4435296/theodore-hayes-v-philip-harvey/ ↗

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sought to minimize tenant displacement, while also continuing
to encourage property owner participation in section 8
programs. See Barrientos, 583 F.3d at 1203-05. So Congress
enacted a notice requirement that prohibits a property owner
from increasing rent or evicting tenants until he or she provides
one year of written notice to HUD and the residing tenants that
the HAP contract for project-based assistance will not be
renewed. See § 1437f(c)(8). And the notice must inform
tenants that “in the event of termination [HUD] will provide
tenant-based rental assistance to all eligible residents, enabling
them to choose the place they wish to rent, which is likely to
include the dwelling unit in which they currently reside.” §
1437f(c)(8)(A).
        But an ordinary voucher under tenant-based assistance
does not cover a tenant’s rent to the extent that it exceeds the
applicable payment standard. § 1437f(o)(2)(B). And following
a valid opt-out, property owners are no longer subject to
limitations on what they may charge for rent. So to enable
residents to “choose” to continue renting the “dwelling unit in
which they currently reside,” § 1437f(c)(8)(A), Congress also
enacted a new type of tenant-based assistance: enhanced
voucher assistance, § 1437f(t).
       Although it is a type of tenant-based assistance,
enhanced voucher assistance has elements of both project-
based and tenant-based assistance. Like tenant-based
assistance, enhanced voucher assistance is tenant-specific and
participating tenants are required to contribute a statutorily
determined portion of their income. Compare § 1437f(o)(2)
(ordinary voucher assistance), with § 1437f(t)(1) (enhanced
voucher assistance). Like project-based assistance, enhanced
voucher assistance is property-specific. § 1437f(t)(1)(B).
Tenants are eligible to receive enhanced voucher assistance
during any period in which they remain in the property they