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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language because ordinary, tenant-based voucher holders
possess no right to elect to remain in their unit at the end of a
lease term. Therefore, in the context of ordinary vouchers, the
need for cause only exists “during the term of the lease.” But
because the enhanced voucher statute provides a right to “elect
to remain,” the requirements of § 1437f(o)(7)(C) apply to
enhanced vouchers not only during the lease term, but also at
the end of the term. This interpretation of the statutory scheme
is consistent with § 1437f(t)(1), which, as previously
explained, states that enhanced vouchers are governed by the
ordinary voucher provision, except where modified by the
enhanced voucher provision. In this context, the enhanced
voucher provision modifies when the requirements of
subsection (o)(7)(C) apply—that is, both during the term of the
lease and at the end of the lease term—but it does not change
the requirements themselves.

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