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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The risk of disuniformity is particularly high here, in
fact, because the Ninth Circuit has already embraced HUD’s
position. In Park Village Apartment Tenants Association v.
Mortimer Howard Trust, 636 F.3d 1150, 1156–57 (9th Cir.
2011), the court held that § 1437f(t)(1)(B) provides enhanced
voucher holders a right to elect to remain that is exercisable
against property owners, such that, “absent just cause for
eviction,” owners are “require[d] . . . to permit tenants to
remain in the housing complex while paying only their
statutorily prescribed portion of the rent.” The attempted
eviction in Park Village did not take place at the end of the
lease term, so the Ninth Circuit had no need to expressly
address property owners’ nonrenewal rights, but nothing in the
court’s opinion limits § 1437f(t)(1)(B)’s application to lease
terms. To the contrary, the court explicitly concluded that
HUD’s stance that “owners must continually renew the lease
of an enhanced voucher family, absent good cause to terminate
[the] tenancy,” id. at 1157 (quoting 2008 HUD Renewal
Guide) (internal quotation marks omitted), was “entitled to a
measure of respect” under the Skidmore framework, id.
(quoting Barrientos v. 1801-1825 Morton LLC, 583 F.3d 1197,
1214 (9th Cir. 2009)). Thus, if we were to reject HUD’s
position here and affirm the District Court, we would risk
fracturing this national program.

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