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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The district court also properly evaluated the balance of hardships and the public interest together. See Cal. Pharmacists Ass’n, 596 F.3d at 1114-15 (considering these factors in tandem). The court concluded that the individual Plaintiffs’ risk of eviction, the fact that Defendants would not be unduly burdened by the proposed injunction because they would continue to receive market value rent for their rental units, and the public’s interest in compliance with the Section 8 statute, all militat*1160ed in favor of preliminary relief. None of these findings was clearly erroneous. The hardship of eviction on elderly low-income tenants is self-evident. Defendants, in contrast, will only suffer hardship if they refuse to execute HAP contracts with Oakland Housing Authority; otherwise, they are guaranteed rents that are “reasonable in comparison with rents charged for comparable dwelling units in the private, unassisted local market.” 42 U.S.C. § 1437f(o)(10)(A). In light of the district court’s observation that Defendants “could identify no specific terms in the HAP contract which were objectionable,” the court did not abuse its discretion in balancing the parties’ relative hardships. Nor was the court’s conclusion that the public interest favored entry of the preliminary injunction an abuse of discretion. “[I]t is obvious that compliance with the law is in the public interest.” N.D. v. Haw. Dep’t of Educ., 600 F.3d 1104, 1113 (9th Cir.2010).

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