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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clearly directed at HUD—not property owners—because of
HUD’s repeated failure to confront the impending opt-out
problem; and second, that Congress intended the enhanced
voucher provision to act as a market-based tool to
incentivize—not force—property owners to renew leases of
enhanced voucher holders.
        At the outset, I note where I agree with the majority. I
agree that one of the main purposes of the enhanced voucher
provision was to “allow tenants to continue to maintain their
homes where the owners of their rental units have raised rents
after rejecting the renewal of project-based contracts.” S. Rep.
No. 106-161, at 62 (1999); Maj. Op. at 23. I also agree that this
goal “especially is important where the tenants are elderly or
persons with disabilities, and want to age in place.” S. Rep. No.
106-161, at 62 (1999). I further acknowledge that the opt-out
problem was a real one—reliable studies showed that 500,000
units of affordable housing could have been at risk in the
following years due to increasing opt-outs. 145 Cong. Rec.
22850 (Majority Staff, Marking up to Market: Renewing
Section 8 Contracts and the Problem of Owner “Opt Outs,”
June 23, 1999). Likewise, I agree that the enhanced voucher
provision shows that Congress wanted to strike a balance
between tenants’ and landlords’ interests. The problem, which
the statutory history reveals, is that the majority strikes a
balance that Congress clearly did not.
        Although the majority correctly notes Congressional
desire to allow tenants to maintain their homes, it wholly
ignores another major factor prompting the legislation;
Congress was concerned with HUD’s inaction regarding the
looming threat of increasing opt-outs. Section 8 Housing:
Hearing Before the Sen. Subcomm. on Hous. and Transp.,
106th Cong. (1999), 1999 WL 492964 (written testimony of
Rep. Rick Lazio, Chairman, H. Subcomm. Hous. & Cmty.)

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