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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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5
         To quantify this, as of 2014, there were fewer than
17,000 properties receiving project-based Section 8 assistance.
Around one-fifth of project-based Section 8 properties had left
the program in the previous ten years. U.S. Dep’t of Hous. and
Urban Dev., Off. of Policy Dev. and Research, Opting In,
Opting Out a Decade Later (2015).
       6
          The majority also claims that tenants in buildings
receiving project-based assistance can be evicted at the end of
their lease, without cause. Maj. Op. at 17. This is simply not
so. The statutory provision the majority cites refers only to a
tenant’s protections “during the term of the lease.” 24 U.S.C.
§ 1437f(d)(1)(B). Through binding regulations, HUD has
addressed the relevant time period: what happens after a lease
term expires. Then, an owner cannot “refuse to renew a lease
without good cause.” The Housing and Economic Recovery
Act of 2008 (HERA): Changes to the Section 8 Tenant-Based
Voucher and Section 8 Project-Based Voucher Programs, 79