Theodore Hayes v. Philip Harvey (2018)

Citation: Theodore Hayes v. Philip Harvey (2018)
Parent Document: Theodore Hayes v. Philip Harvey (2018)
Jurisdiction: United States (federal)
Effective Date: 2018-08-31
Original Source: https://www.courtlistener.com/opinion/4532088/theodore-hayes-v-philip-harvey/ ↗

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         Relatedly, Harvey argues that, irrespective of any
tenant protections the Section 8 statute may provide, provisions
of the HAP contract and lease permit him to evict the Hayes
family pursuant to Pennsylvania law. We need not examine
the validity of this argument, because even if Harvey is correct
as a matter of state law, “[t]he Supremacy Clause preempts any
state law that ‘interferes with or is contrary to federal law.’”
Zahner v. Pa. Dep’t of Human Servs., 802 F.3d 497, 512 (3d
Cir. 2015) (quoting Free v. Bland, 369 U.S. 663, 666 (1962)).
Thus, if the enhanced voucher provision provides eligible
families a right to elect to remain that is enforceable against
property owners at the end of a lease term, it would preempt
the application, in this case, of any principles of Pennsylvania
law that permit nonrenewal without cause.

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