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 con-
cluded that § 1437f(t) affords tenants a right to remain, exer-
cisable 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
2918        PARK VILLAGE v. MORTIMER HOWARD TRUST
voucher provision creates a right for tenants to remain in ten-
ancy 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 con-
tinue 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 ten-
ants 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)(1) 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 ten-
ant is evicted.”).

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