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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

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10
marketplace of all rental property owners. 5 Most landlords
cannot accept enhanced vouchers, and decisions about whether
to apply for project-based assistance (and then potentially opt
out) are measured in decades rather than months. Congress
might therefore have perceived less need to encourage landlord
participation: it could have concluded that most property
owners affected were already in the program. Meanwhile,
ordinary voucher holders move through the private housing
market like ordinary consumers. But because enhanced
voucher holders all previously benefited from project-based
subsidies, linked to particular buildings, Congress might have
considered them more deserving of a right to stay in those
particular buildings (just as the Hayes family has lived in their
home for 35 years, since it was first built). 6 Thus, Congress