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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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13
           Everyone agrees that enhanced voucher holders may
be evicted pursuant to Subparagraph (C), which is not at issue
here. The majority’s mischaracterization of Appellants’ claim
is that their tenancy is otherwise eviction-proof.
       14
         Surprisingly, the majority’s fear of a perpetual tenancy
is so severe that it accuses me of “fail[ing] to consider the
actual implications of [my] interpretation.” Maj. Op. at 25
n.11. I would hold that § 1437f(t) grants families eligible for
enhanced vouchers a right to lease renewal if they are able to
pay their statutorily prescribed portion of rent. However,
enhanced vouchers and the accompanying right to remain are
only available to the original family on behalf of whom the
voucher was provided; they cannot be transferred to other
family members or other third parties. See 42 U.S.C. §
1437f(t)(1)(C)(ii). Moreover, throughout the tenancy, tenants
benefitting from the enhanced voucher program remain subject
to the applicable HAP contract and lease agreement. These
documents may provide landlords with additional grounds for
terminating the tenancy. In this case, for instance, the lease
allows the Owner to terminate based on, among other things, a
history of disturbance, the owner’s desire to utilize the