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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It does seem reasonable that the statutory right “to remain
in the same project in which the family was residing,” 42 U.S.C.
§ 1437f(t)(1)(B), applies only as long as the property itself
remains a rental property. The plaintiffs do not dispute this
point. They acknowledge that, if and when BSA lawfully
terminates their tenancies under D.C. law, “nothing in the
enhanced voucher rules will stand in its way” should BSA then
decide to refuse their vouchers and evict them. Appellees’ Br.
17. What the tenants dispute is BSA’s contention that their right
to remain in their homes -- and their concomitant right not to be
regarded as in default merely because they tendered vouchers
rather than cash -- depends on the subjective intent of the project
owner. In the tenants’ view, whether a unit remains a rental
property is determined by the law of the local jurisdiction. And
as of this date, the District of Columbia courts have determined
that the tenants have the right to continued occupancy.

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