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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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In their U.S. District Court complaint, the tenants argued
that BSA was required to accept their enhanced vouchers until
their tenancies were validly terminated under District of
Columbia law, and that its refusal to do so violated both federal
housing statutes and the District of Columbia Human Rights
Act. On January 12, 2007, the district court granted summary
judgment for the plaintiffs on their federal claims, finding it
“clear that ‘families renting at the time of the termination of [a]
project-based subsidy contract [have] the right to remain in their
units, using enhanced vouchers, for so long as the tenant remains
eligible for the vouchers or until the tenant is evicted.’”
Feemster v. BSA Ltd. P’ship, 471 F. Supp. 2d 87, 98 (D.D.C.
2007) (quoting Jeanty v. Shore Terrace Realty Ass’n, No. 03-
8669, 2004 WL 1794496, at *3 (S.D.N.Y. Aug. 10, 2004)). On
the D.C. Human Rights Act claim, however, the district court
granted summary judgment in favor of BSA, finding that the
plaintiffs failed to show “that an impermissible factor played a
motivating or substantial role” in BSA’s refusal to accept their
enhanced vouchers. Id. at 102.