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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 8

Citation
Section 8
Parent Document
Park Village Apartment Tenants Ass'n v. Mortimer Howard Trust, 636 F.3d 1150 (2011)
Effective Date
2011-02-25

Other Sections in This Document (141)

Full Text

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Having concluded that § 1437f(t) provides Plaintiffs a
“right to remain” in their current units, and that this right is
enforceable against Defendants, we next examine the propri-
ety of the district court’s preliminary injunction. Defendants
argue that even if they must continue to rent apartments to the
individual Plaintiffs and to accept the individual Plaintiffs’
out-of-pocket share of the market rental rates, they need not
enter into housing assistance payments (HAP) contracts with
the local housing authority, as ordered in Section V.C of the
district court’s injunction. Stated another way, Defendants
contend that if they are willing to accept reduced rents from
the individual Plaintiffs and forgo the funds that enhanced
vouchers would provide, they cannot be compelled to enter
into HAP contracts.