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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

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The majority purports to distinguish Park Village on the basis that it concluded only that landlords cannot evict a tenant for paying their rent with an enhanced voucher. Maj. Op. at 107. Park Village does conclude this, even as it also concluded that the statute provides the right to a lease renewal. The Ninth Circuit was presented with multiple issues, and it issued multiple holdings. See Park Vill., 636 F.3d at 1151-52 (“[Plaintiffs] argue that, federal law gives them a right to remain in the complex and to pay a portion of their rent by using federally funded ‘enhanced vouchers.’ Defendants, who own the housing complex, argue that the tenants have no right to remain in the complex or to use such vouchers to pay their rent.” (emphasis added)). The majority’s claim that Park Village rejects a right to lease renewal is plainly belied by the Ninth Circuit’s opinion, which, among other things, relies on HUD’s interpretation, including HUD’s statement that “owners must continually renew the lease of an enhanced voucher family.” Id. at 1156-57. Quite simply, the majority has conflated one of the Ninth Circuit’s holdings with the other.10 The Ninth Circuit, clearly and repeatedly, holds that the enhanced voucher statute provides a right to remain, including after the expiration of a lease term.