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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        Nothing in the enhanced voucher provision’s “may elect
to remain” language abrogates or forecloses application of
these standards in the enhanced voucher context. Accordingly,
the 2000 amendment to the provision does not reflect
congressional intent to subject property owners to perpetual
leases. Rather, it evidences congressional desire to strike a
balance between the interests of tenants and those of property
owners. On the one hand, the enhanced voucher provision
permits property owners who comply with the notice provision
and opt out of the project-based program to raise rents to rates
that exceed the payment standard applicable to ordinary tenant-
or project-based vouchers. See 42 U.S.C. § 1437f(t)(1)(B). On
the other hand, the enhanced voucher provision places a
limitation on those property owners’ nonrenewal rights by
requiring good cause before the owners may terminate a

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