DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 8

Citation
Section 8
Parent Document
Theodore Hayes v. Philip Harvey, 874 F.3d 98 (2017)
Effective Date
2017-10-18
Original Source
https://www.courtlistener.com/opinion/4435296/theodore-hayes-v-philip-harvey/ ↗

Other Sections in This Document (260)

Full Text

1,058 chars 
We do not dispute that HUD has “relative expertise” in administering the statutory scheme or that HUD has long held its position on nonrenewal of enhanced-voucher tenancies. See Dissenting Op. at 118-19. But expertise and consistency do not alone require deference.10 See Hagans v. Comm’r of Soc. Sec., 694 F.3d 287, 304-05 (3d Cir. 2012). We also consider “the thoroughness evident in [the agency’s] consideration, the validity of its reasoning ... and all those factors that give it the power to persuade.” Young v. United Parcel Service, Inc., — U.S. —, 135 S.Ct. 1338, 1352, 191 L.Ed.2d 279 (2015). Here, the “brevity” of HUD’s statements and “undeveloped reasoning counsel toward a lower level of deference.” Hagans, 694 F.3d at 305. For the reasons discussed above, HUD’s statement that “owners must continually renew the lease of an enhanced voucher tenancy,” contained in one paragraph of HUD’s nearly 200-page Section 8 Renewal Guidebook, is not supported by the statute’s clear text. HUD’s iterations of its nonrenewal policy do not show otherwise.