policy guide reflects the view of the plaintiffs in this case:
“Owners may not terminate the tenancy of a tenant who
exercises this right to remain except for cause under Federal,
State or local law.” Policy Guide § 11-3.B. Elsewhere in the
same policy guide, HUD requires owners to certify “that they
will comply with the requirement to allow families receiving
enhanced vouchers who elect to remain to do so as long as the
property remains a rental property, unless the owner has just
cause for eviction,” id. § 1-6.I (emphasis added), and to “agree
not to terminate the tenancy of a tenant who exercises [his or
her] right to remain, except for cause under State or local law,”
id. Attachment 3A-1, at 6. A contemporaneous HUD “Policy
and Processing Guidance” concerning Section 8 opt-outs
contains similar language: “A family that receives an enhanced
voucher has the right to remain in the project as long as the units
are used for rental housing and are otherwise eligible for
housing choice voucher assistance . . . . The owner may not
terminate the tenancy of a family that exercises its right to
remain except for a serious or repeated lease violation or other
good cause.” OFFICE OF PUB. & INDIAN HOUS., U.S. DEP’T OF
HOUS. & URBAN DEV., NOTICE PIH 2001-41, § II.B, at 26 (2001)
(emphasis added).