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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

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with enhanced vouchers only if the landlord decides to accept
them”); Barrientos v. 1801-1825 Morton, LLC, No. CV06-
6437 ABC (FMOX), 2007 WL 7213974, at *6, *8 (C.D. Cal.
Sept. 11, 2007), aff’d on other grounds, 583 F.3d 1197 (9th
Cir. 2009) (concluding “the enhanced voucher provision
creates a right for tenants to remain in tenancy” such that
tenancies can be terminated only for “the eviction grounds in
subsection (o)(7)”); Jeanty v. Shore Terrace Realty Ass’n, No.
03 CIV. 8669 (BSJ), 2004 WL 1794496, at *5 (S.D.N.Y. Aug.
10, 2004) (stating enhanced voucher gives tenant “option to
renew her lease so long as the property is offered as rental
housing and Plaintiff receives enhanced vouchers, absent good
cause to terminate her tenancy under Federal, State or local
law” because it is “illogical to provide a tenant with the right
to remain without requiring the landlord to offer the tenant the
option to renew the lease”); Feemster v. BSA Ltd. P’ship, 471
F. Supp. 2d 87, 93 (D.D.C. 2007) (adopting HUD position that
statute imposes “requirement to allow families receiving
enhanced vouchers who elect to remain do so as long as the
property remains a rental property, unless the owner has just
cause for eviction”), aff’d in relevant part, 548 F.3d 1063 (D.C.
Cir. 2008) (no dispute that statute “gives tenants the right to
remain in their units”). 11 Not all of these cases detail