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/ ↗

Full Text

1,979 chars

4
elect to remain,” then that must impose a corresponding
obligation on property owners to continuously renew an
enhanced-voucher tenancy. There is no basis in the text to
support this inferential leap.
        The language—“the assisted family may elect to
remain”—does not plainly restrict a property owner’s
nonrenewal rights. Indeed, nothing in the clause, nor the entire
subsection, even mentions property owners. As the majority
notes, there are two key verbs: “elect” and “remain.” “Elect”
means “to make a selection of . . . to choose . . . especially by
preference.”      Elect,       Merriam-Webster         Dictionary,
https://www.merriam-webster.com/dictionary/elect              (last
visited July 31, 2018). “Remain” means “to stay in the same
place or with the same person or group.” Remain, Merriam-
Webster             Dictionary,           https://www.merriam-
webster.com/dictionary/remain (last visited July 25, 2018).
Thus, what this clause plainly states is that an assisted tenant
can “make a selection” or “choose” to “stay in the same place.”
But for how long? One year? Five years? For life? Choosing to
stay is plainly different than having a right or entitlement to
stay. The majority, however, conflates the two and infers a
corresponding obligation on property owners.
        When viewing the language first in the proper context
of § 1437f(t)(1)(B), it is evident that “may elect to remain” has
nothing to do with property owners, but is rather directed at
HUD and assisted tenants. The provision explains what tenants
must do to maintain eligibility, and that a tenant’s “elect[ion]
to remain” is the triggering mechanism that initiates HUD’s
obligation under the provision. It works as follows. After a
valid opt-out, an assisted family can “elect to remain” in the
same project. If the post-opt-out rent exceeds the payment
standard, then the assisted family’s rent is calculated as
specified by the statute. But how can the assisted family be

Other Sections in This Document (144)

Full Text