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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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repeatedly reissued the Section 8 Renewal Policy Guide, most
recently in 2017, without revisions relevant to this litigation.
And in 2016, HUD issued a proposed rule on enhanced
vouchers. Tenant-Based Assistance: Enhanced Vouchers, 81
Fed. Reg. 74,372 (Proposed Oct. 26, 2016). This rule, which
if finalized would “codify” HUD’s existing enhanced voucher
policies, would “provide that, absent repeated lease violation
or other good cause, a family that receives an enhanced
voucher has a right to remain in the project,” pursuant to the
“statutory requirement” of 42 U.S.C. § 1437f(t)(1)(B). Id. at
74,375. 9 HUD is clear and consistent: to terminate an
enhanced voucher holder’s tenancy, even at the end of a lease
term, good cause is required. For each of the sixteen years
since the “may elect to remain” language has been a part of the
statute, HUD has administered the right to remain in the same
way.