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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reasoning behind its interpretation, and therefore we cannot
discern the thoroughness of its consideration, nor the “validity
of its reasoning.” Young, 135 S. Ct at 1352 (quoting Skidmore,
323 U.S. at 140). And, most importantly, HUD’s interpretation
is not supported by the statute’s text and history. Accordingly,
HUD’s interpretation lacks “the power to persuade.” Id.
        Decisions of other courts do not alter this conclusion. I
acknowledge that, in the framework of non-
binding Skidmore deference, HUD’s interpretation may be
entitled to some degree of deference given the “value of
uniformity.” United States v. Mead Corp., 533 U.S. 218, 234
(2001) (citing Skidmore, 323 U.S. at 140). Contrary to the
majority’s view, however, there is no uniformity problem here.
In fact, no other Court of Appeals has weighed in on the issue
of non-renewal after the expiration of a lease term. Instead, our
sister Circuits’ decisions have only addressed situations where
a landlord sought to evict an enhanced-voucher tenant during
the lease term for nonpayment reasons. See Park Vill., 636 F.3d
at 1156 (“[The statute] does not authorize owners to raise their
rents to a reasonable market rate, but then to refuse to accept
payment by means of an enhanced voucher, and evict an
‘assisted family’ for nonpayment of rent.”); Feemster, 548
F.3d at 1069 (“One thing that [the landlord] may not do,
however, is refuse to accept payment by voucher and then
contend that eviction is warranted for nonpayment of rent.”). I
agree with Park Village and Feemster insofar as they address
the actual issues before those courts. In other words, there is no
risk of non-uniformity, nor is there the potential for a circuit
split. IV. Conclusion

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