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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This canon is of particular importance where, as is true
here, the relevant statutory text at issue was added by
amendment. “When Congress amends legislation, courts must
‘presume it intends [the change] to have real and substantial
effect.’” Ross v. Blake, 136 S. Ct. 1850, 1858 (2016)
(alteration in original) (quoting Stone v. INS, 514 U.S. 386, 397
(1995)). In this case, the original iteration of § 1437f(t)(1)(B),
enacted in 1999, did not include the first clause providing that
eligible families “may elect to remain.” It instead provided that
the higher payment standard would apply “during any period
that the assisted family continues residing in the same project
in which the family was residing on the date of the eligibility
event for the project.” Pub. L. No. 106-74, § 538(a), 113 Stat.
1047, 1122 (1999). In other words, the 1999 version of the
provision did not alter the baseline conditions of landlord-
tenant relations. At the end of a lease term, it stated only that
HUD would provide (through the applicable PHA) any
additional required financial assistance if the assisted family

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