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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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§ 1437f(t)(1)(C). Essentially, if the assisted family moves or
gives the voucher to another family, they lose eligibility to
receive enhanced vouchers and their assistance converts to
ordinary tenant-based assistance. The Hayes family argues that
because § 1437f(t)(1)(C) does not include the loss of eligibility
at the behest of the property owner, and Harvey’s nonrenewal
would trigger that loss by forcing them to move, he is obligated
to continuously renew their lease. We disagree.
       First, subparagraph (C) relates back to subparagraph
(B), neither of which speaks to nonrenewal. Whereas
subparagraph (B) affords an assisted family the right to receive
“enhanced” financial assistance to be credited toward their
rental obligations, subparagraph (C) relieves HUD of the
financial obligation to provide such assistance if the family
moves or provides the enhanced voucher to another family.
The substance of these subparagraphs is primarily financial.
        Second, to hold that § 1437f(t)(1)(C) is exhaustive of
the specific ways in which an assisted family may lose
eligibility for enhanced voucher assistance would subject
property owners to a perpetual lease. This would be a
significant departure from the ordinary voucher provision
which does not, in any way, limit property owners’ nonrenewal