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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 8

Citation
Section 8
Parent Document
Park Village Apartment Tenants Ass'n v. Mortimer Howard Trust, 636 F.3d 1150 (2011)
Effective Date
2011-02-25

Other Sections in This Document (141)

Full Text

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We also agree with the Secretary’s construction of § 1437f(t). The statute gives “assisted families” the right “to remain in the same project.” The statute also authorizes owners to raise their rents to a reasonable market rate and to receive a housing assistance payment, by means of an enhanced voucher, to cover the authorized increases in rent. It 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. Practically, the statute requires owners to permit tenants to remain in the housing complex while paying only their statutorily prescribed portion of the rent.