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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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)

Full Text

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22
in a way that departs from its application to the ordinary
voucher provision. 8
      Through policy guidance, HUD has purported to extend
§ 1437f(o)(7)(C)’s midterm limitations to nonrenewals of
enhanced-voucher tenancies:
              Tenants who receive an enhanced
              voucher have the right to remain in
              their units as long as the units are
              offered as rental housing. The
              tenant must have been issued an
              enhanced voucher sufficient to pay
              the rent charged for the unit,
              provided that the rent is
              reasonable. Owners may not
              terminate the tenancy of a tenant
              who exercises this right to remain
              except for cause under Federal,
              State or local law.
              ....
              This protection continues as long
              as the project is offered as rental
              housing, absent good cause to
              terminate tenancy under Federal,
              State or local law and provided the
              [public housing agency] continues
              to find the rent reasonable, Owners