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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assured that HUD will provide them with an enhanced voucher
to afford the increased rent? 3 Enter § 1437f(t)(1)(B), which
obligates HUD to provide the financial means to afford the
increased rent. In other words, it makes their election to remain
meaningful. 4 This is the key feature of the enhanced voucher
program—namely that HUD is required to provide an
enhanced voucher to an eligible tenant, once they “elect to
remain.”
       What this provision does not do is impose a duty on a
landlord to continuously renew such a lease beyond its natural
expiration date. The majority infers such a duty, reasoning that

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