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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Importantly, § 1437f(t)(1)(B)’s first clause is written
from the tenant’s perspective, and it includes two verbs. The
first is “elect,” which means “to choose (a course of action)
[especially] by preference.”           Webster’s Third New
International Dictionary 731 (1976). The second is “remain,”
meaning “to stay in the same place or with the same person or
group.” Id. at 1919. This right to “choose . . . by preference”
to “stay in the same place” is not limited to any particular time
period, and it is not directed to only HUD or any other specific
party. Thus, the assisted family’s right necessarily limits the
ability of the property owner to evict. If a landlord could
simply ignore an eligible family’s choice to stay and force them
to leave, the statutory right would be meaningless.

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