Section 8

Citation: Section 8
Parent Document: Feemster v. BSA LTD. PARTNERSHIP, 548 F.3d 1063 (2008)
Jurisdiction: United States (federal)
Effective Date: 2008-11-14
Original Source: https://www.courtlistener.com/opinion/187255/feemster-v-bsa-ltd-partnership/ ↗

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The caveat upon which BSA rests its entire appeal -- that a
tenant’s right to remain is “conditioned on the unit[] being
‘offered for rental housing,’” Appellant’s Reply Br. 9 -- does not
appear in § 1437f(t). Nor does it appear anywhere else in the
U.S. Housing Act or in any other statute or regulation. Instead,
it appears in a sentence in a HUD policy guide that describes the
right-to-remain provision. See OFFICE OF MULTIFAMILY HOUS.,
U.S. DEP’T OF HOUS. & URBAN DEV., SECTION 8 RENEWAL
POLICY § 11-3.B (2001) [hereinafter Policy Guide]. The
sentence in question reads as follows: “Tenants who receive an
enhanced voucher have the right to remain in their units as long
as the units are offered for rental housing . . . .” Id. (emphasis
added).

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