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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Furthermore, every court to consider the question has concluded that § 1437f(t) affords tenants a right to remain, exercisable as against the owner. Feemster, 548 F.3d at 1069 (“[T]he district court correctly determined that the tenants’ right under § 1437f(t) to remain in their homes, and to pay their rent with enhanced vouchers, is secure unless and until their tenancies are validly terminated under [local] law.”); Barrientos, 2007 WL 7213974, at *6 (“[T]he enhanced voucher provision creates a right for tenants to remain in tenancy upon an ‘eligibility event’ as defined in that provision. The plain language of the statute ... indicates that it is up to the assisted family, not the owner, to decide whether to continue tenancy upon occurrence of the eligibility event.”); Estevez, 2005 WL 3164146, at *4 (“The text of 42 U.S.C. § 1437f(t), given its ordinary meaning, makes clear that tenants renting apartments in developments receiving project-based assistance will, upon the termination of that assistance, have the right to remain in their apartments as long as they remain eligible and continue to occupy the apartments.”); Jeanty, 2004 WL 1794496, at *3 (“Giving the words used in 42 U.S.C. § 1437f(t)(l) and (2) their ordinary meaning, it is clear that the statute provides families renting at the time of the termination of the project-based subsidy contract the right to remain in their units, using enhanced vouchers, for so long as the tenant remains eligible for the vouchers or until the tenant is evicted.”).

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