Section 8

Citation: Section 8
Parent Document: Park Village Apartment Tenants Ass'n v. Mortimer Howard Trust, 636 F.3d 1150 (2011)
Jurisdiction: United States (federal)
Effective Date: 2011-02-25
Original Source: https://www.courtlistener.com/opinion/205533/park-village-apartment-tenants-a... ↗

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Further, HUD’s Section 8 Renewal Policy Guide provides that under § 1437f(t)(l)(B), tenants with enhanced vouchers have a right to remain, and that owners must honor that right. See U.S. Dep’t of Hous. & Urban Dev., Section 8 Renewal Policy: Guidance for the Renewal of Project-Based Section 8 Contracts (Jan. 15, 2008), at 8-1, 11-3B (hereinafter Guide). The Guide conditions an owner’s ability to opt-out of the project-based assistance program on the owner’s provision of an “acceptable one-year notification” to tenants, including a letter “stat[ing] that the owner will honor the right of residents to remain,” and on certification to HUD that the owner “will honor the tenants[’] right to remain at the property as long as it continues to be offered for rental housing if the PHA approves a rent equal to the new rent charged for the unit, unless the owner has grounds for eviction under State or local law.” Id. at 8-1A.3; see also id. at 1-5.1. The Guide provides that the right to remain lasts “[a]s long as the property is offered for rental housing,” and that the “owners must continually renew the lease of an enhanced voucher family,” “absent good cause to terminate tenancy.” Id. at 11-3B.2. The Guide is an agency interpretation not entitled to Chevron deference, but it is nevertheless “ ‘entitled to a measure of respect under the less deferential Skidmore standard.’ ” Barnentos, 583 F.3d at 1214 (quoting Fed. Express Corp. v. Holowecki 552 U.S. 389, 399, 128 S.Ct. 1147, 170 L.Ed.2d 10 (2008)).

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