INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

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

1,609 chars 
. It is the existence of the HAP contract and related lease that subject Harvey to section 8. See Powell v. Hous. Auth. of City of Pittsburgh, 571 Pa. 552, 812 A.2d 1201, 1203 (2002) (explaining that if the “PHA approves the tenancy, the PHA and the owner enter into a [HAP] contract ... under which the PHA makes rental payments to subsidize occupancy,” and, in turn, "the owner and the now-Section 8 participant enter into a lease for the subsidized unit”); see also U.S. ex rel. Richards v. R & T Investments LLC, 29 F.Supp.3d 553, 562 (W.D. Pa. 2014) (stating that an owner "must enter into” a HAP contract "[t]o receive assistance payments”). The dissent states "other courts have held that- the enhanced voucher statute, can impose requirements even on landlords who are pot covered by a HAP contract.” Dissenting Op. at 112 n.1 (citing Park Mill. Apartment Tenants Ass'n v. Mortimer Howard Tr., 636 F.3d 1150, 1161—62 (9th Cir, 2011)). The section of Park Village cited for this proposition, however, pertains to whether the District Court erred in granting a mandatory injunction requiring an owner to enter into a HAP contract, "despite opting out of Section 8.” Park Vill., 636 F.3d at 1161. There, the Ninth Circuit.held.that an owner was free to execute a HAP contract if he so chose; if he did, he was entitled to "fair market rent via enhanced vouchers,” but if not, he would forgo "significant rental income,” while avoiding obligations imposed by HAP contracts. Id. at 1161-62. Here, it is evident that the rights and duties under section 8 are set forth in the HAP contract and related lease.