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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Barrientos v. 1801-1825 MORTON LLC, 583 F.3d 1197 (2009)

Citation
Barrientos v. 1801-1825 MORTON LLC, 583 F.3d 1197 (2009)
Parent Document
Barrientos v. 1801-1825 MORTON LLC, 583 F.3d 1197 (2009)
Effective Date
2009-10-09

Other Sections in This Document (181)

Full Text

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The federal government provides rental assistance for low and moderate income families, the elderly, and the disabled through what is known as “the section 8 program.” Congress added the section 8 program to the United States Housing Act of 1937 in 1974 by enacting the Housing and Community Development Act of 1974, Pub.L. No. 93-383, § 201(a), 88 Stat. 633, 662-66 (1974) (codified as amended at 42 U.S.C. § 1437f). The express congressional “purpose” of the section 8 program is “aiding low-income families in obtaining a decent place to live and ... promoting economically mixed housing.” 42 U.S.C. § 1437f(a). The program is managed federally by HUD, and administered locally by public housing authorities (“PHA”). Section 8 tenants must sign a lease and pay a portion of their income toward rent. The remainder of the rent charge is paid by PHA pursuant to a housing assistance payment (“HAP”) contract between PHA and the owner, which mandates that a lease “shall be for a term of not less than [one] year,” id.