Barrientos v. 1801-1825 Morton LLC (2009)

Citation: Barrientos v. 1801-1825 Morton LLC (2009)
Parent Document: Barrientos v. 1801-1825 Morton LLC (2009)
Jurisdiction: United States (federal)
Effective Date: 2009-10-09
Original Source: https://www.courtlistener.com/opinion/3065171/barrientos-v-1801-1825-morton-llc/ ↗

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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 fed-
erally 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 assis-
tance 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. § 1437f(o)(7)(A), shall “contain
terms and conditions that . . . are consistent with State and
local law,” id. § 1437f(o)(7)(B)(ii)(I), and “shall provide that
during the term of the lease, the owner shall not terminate the
tenancy except for serious or repeated violation of the terms
and conditions of the lease, for violation of applicable Fed-
eral, State, or local law, or for other good cause,” id.
§ 1437f(o)(7)(C).

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