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)(1)(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 (hereinaf-
ter Guide). The Guide conditions an owner’s ability to opt-out
of the project-based assistance program on the owner’s provi-
sion 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 prop-
erty 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.I. The Guide pro-
vides that the right to remain lasts “[a]s long as the property
is offered for rental housing,” and that the “owners must con-
tinually renew the lease of an enhanced voucher family,” “ab-
sent good cause to terminate tenancy.” Id. at 11-3B.2. The
Guide is an agency interpretation not entitled to Chevron def-
erence, but it is nevertheless “ ‘entitled to a measure of
respect under the less deferential Skidmore standard.’ ” Bar-
rientos, 583 F.3d at 1214 (quoting Fed. Express Corp. v.
Holowecki, 552 U.S. 389, 399 (2008)).

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