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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 8

Citation
Section 8
Parent Document
Feemster v. BSA LTD. PARTNERSHIP, 548 F.3d 1063 (2008)
Effective Date
2008-11-14

Full Text

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Following the expiration of its Housing Assistance
Payments Contract in 2002, BSA decided to opt out of the
Section 8 program. It prepaid its HUD-insured mortgage, sent
a one-year notice to tenants on September 30, 2003, and allowed
its final contract extension with HUD to expire on September
30, 2004. In the summer of 2004, BSA employees began to
encourage -- and then to press -- tenants to vacate their units,
offering financial compensation to those who agreed to leave.
At the time of its opt-out, BSA had arranged to sell the Bates
Street Townhomes to a third-party developer. Although the
initial deal fell through, BSA continued its efforts to sell the
properties and in 2005 found a new buyer, TMS Investments,
LLC. The contract with TMS expressly conditioned the
purchase of individual units on their being vacant at the time of
closing. BSA has not accepted new tenants at the Bates Street
Townhomes since January 2003.