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 text of the Section 8 statute nowhere explicitly requires
an owner to enter into a HAP contract, but the statute clearly
contemplates that the owner will do so. See, e.g., § 1437f(c)-
(d) (required terms of HAP contract); 1437f(o)(7) (required
terms of owner-tenant lease governed by HAP contract);
1437f(o)(8)(A) (inspection of units covered by HAP contract
for compliance with HUD’s housing quality standards). A
HAP contract does more than merely to authorize tenants to
use enhanced vouchers to satisfy part of their rent obligations,
and to authorize owners to redeem those vouchers. HAP con-
tracts prescribe minimum housing quality standards, requiring
owners to provide such things as adequate heat and hot water,
           PARK VILLAGE v. MORTIMER HOWARD TRUST             2931
lighting, air quality, sanitary conditions, and building security.
42 U.S.C. § 1437f(o)(8)(B); 24 C.F.R. § 982.401. They pro-
tect tenants who are the victims of domestic violence from
being evicted for that reason. 42 U.S.C. § 1437f(d)(1)(B)(ii),
(o)(7)(C). HAP contracts also give owners and law enforce-
ment officers latitude to make housing projects safer places.
They allow owners to evict occupants for drug-related or
criminal activity that threatens the health and security of other
tenants and require that law enforcement officers be provided
access to common areas if they have probable cause to believe
criminal activity is occurring there. See § 1437f(d)(1)(B)(iii),
(d)(6), (o)(7)(D).

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