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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/ ↗

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resided in on the date of the property owner’s opt-out from a
project-based program (the “eligibility event”). § 1437f(t)(2).
Should the tenant move or make the voucher available to
another family, his or her assistance converts to ordinary
tenant-based assistance. § 1473f(t)(1)(C).
        The primary “enhancement” of the assistance is that an
enhanced voucher covers the difference between the tenant’s
contribution and the rent, even if the rent exceeds 110 percent
of the fair market rent for similar units in the area. See
§1437f(t)(1)(B). In other words, enhanced voucher assistance
is not limited by a payment standard.
                 B.     Factual Background
       In 1982, Florence Hayes and her family moved into
538B Pine Street, Philadelphia, Pennsylvania—a four-
bedroom unit in a duplex owned by Pine Street Associates.
Pine Street Associates entered into a HAP contract with the
Philadelphia Housing Authority (PHA), which provided rental
assistance under a project-based program for its tenants,
including the Hayes family.
       On January 9, 2008, Pine Street Associates notified
HUD and the Hayes family that when its HAP contract expired
on January 17, 2009, it would not be renewed. Accordingly, on
January 17, 2009, the Hayes family’s assistance converted
from project-based to tenant-based. The Hayes family elected
to remain and chose to do so with enhanced voucher assistance.
        Later that year, Pine Street Associates sold 538 Pine
Street free and clear of any impediments, encumbrances, liens,
or restrictions, to Philip E. Harvey. Harvey entered into a HAP
contract with the PHA and a related lease with the Hayes
family, agreeing to accept enhanced vouchers toward their
rental obligations. The HAP contract set the maximum rent for
the unit at $2,400 per month, exceeding the applicable payment