Theodore Hayes v. Philip Harvey, 903 F.3d 32 (2018)

Citation: Theodore Hayes v. Philip Harvey, 903 F.3d 32 (2018)
Parent Document: Theodore Hayes v. Philip Harvey, 903 F.3d 32 (2018)
Jurisdiction: United States (federal)
Effective Date: 2018-08-31
Original Source: https://www.courtlistener.com/opinion/4531965/theodore-hayes-v-philip-harvey/ ↗

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         Over the years, the agency has expressed the same
view in court filings as well, including an amicus brief filed in
this case. See Br. for U.S. Dep’t of Hous. & Urban Dev. as
Amicus Curiae at 11 (“Since § 1437f(t)(1)(B) was enacted in
its current form in 2000, HUD has interpreted the provision as
providing enhanced voucher tenants with a right to remain in
their housing units, such that they may not be evicted at the end
of a lease term absent good cause (assuming the relevant units
continue to be offered as rental housing and remain otherwise
eligible for rental assistance).”); see also Br. for the United
States as Amicus Curiae at 9 & n.4, Barrientos v. 1801-1825
Morton LLC, 583 F.3d 1197 (9th Cir. 2009) (No. 07-56697).
That amicus brief is itself entitled to respect under Skidmore,
“to the extent [it] ha[s] the power to persuade.” Shuker v. Smith
& Nephew, PLC, 885 F.3d 760, 773 n.11 (3d Cir. 2018)
(quoting Sikkelee v. Precision Airmotive Corp., 822 F.3d 680,
693–94 (3d Cir. 2016)).

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