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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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The only rationale BSA has suggested for its policy is that
it did not want to accept vouchers because the voucher program’s
requirements are burdensome, particularly the requirement that
the landlord execute an initial lease or ratification with the
tenant. See, e.g., Oral Arg. Recording at 5:12-25. Were we to
accept that excuse, however, we would render the Human Rights
Act’s definition of “source of income” nugatory. The Act
expressly defines “source of income” as encompassing the
Section 8 program; indeed, Section 8 vouchers are the source-of-
income provision’s paradigm case. See D.C. Code § 2-
1402.21(e). Permitting BSA to refuse to accept Section 8
vouchers on the ground that it does not wish to comply with
Section 8’s requirements would vitiate that definition and the
legal safeguard it was intended to provide.