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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With respect to the prohibitory portion of the injunction, the district court correctly determined that Plaintiffs were likely to succeed on the merits because § 1437f(t)(l)(B) confers on the individual Plaintiffs a right to remain in their rental units. The district court also correctly determined that the individual Plaintiffs were likely to suffer irreparable harm absent preliminary relief because they faced eviction from their rental units. Defendants communicated an intention to charge market rates for the individual Plaintiffs’ apartments, and Plaintiffs demonstrated an inability to pay those market rates. Defendants have further voiced an intention to refuse to accept enhanced vouchers, and to evict Plaintiffs for nonpayment of market rates. It is well-established that the loss of an interest in real property constitutes an irreparable injury. See McNeill v. N.Y.C. Hous. Auth., 719 F.Supp. 233, 254 (S.D.N.Y.1989) (holding that risk of eviction from Section 8 housing satisfies irreparable injury prong of preliminary injunction test) (collecting cases); accord Sundance Land Corp. v. Cmty. First Fed. Sav. & Loan Ass’n, 840 F.2d 653, 661 (9th Cir.1988) (holding that threatened foreclosure of real property gave rise to “immediate, irreparable injury”). Given the district court’s factual findings regarding the likelihood of eviction, it reasonably concluded that Defendants’ threat to evict Plaintiffs created a likelihood of irreparable harm in the absence of an injunction barring future evictions. See, e.g., Enyart v. Nat’l Conf. of Bar Exam’rs, Inc., 630 F.3d 1153, 1166 (9th Cir.2011) (“Because the district court’s finding of irreparable harm ... is supported by facts in the record, it does not constitute an abuse of discretion.”); Dominguez v. Schwarzenegger, 596 F.3d 1087, 1098 (9th Cir.2010).

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