Theodore Hayes v. Philip Harvey, 903 F.3d 32 (2018)

Citation: Theodore Hayes v. Philip Harvey, 903 F.3d 32 (2018)
Parent Document: Theodore Hayes v. Philip Harvey, 903 F.3d 32 (2018)
Jurisdiction: United States (federal)
Effective Date: 2018-08-31
Original Source: https://www.courtlistener.com/opinion/4531965/theodore-hayes-v-philip-harvey/ ↗

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long interpreted § 1437f(t)(1)(B) as requiring landlords to
renew the leases of enhanced voucher holders unless there is
good cause to terminate the tenancy. Because these guidance
documents lack the force of law, they do not warrant deference
under Chevron U.S.A., Inc. v. Natural Resources Defense
Council, Inc., 467 U.S. 837 (1984); they are, however, entitled
to a degree of “respect” under Skidmore v. Swift & Co., 323
U.S. 134 (1944). Hagans v. Comm’r of Soc. Sec., 694 F.3d
287, 298 (3d Cir. 2012) (quoting Christensen v. Harris Cty.,
529 U.S. 576, 587 (2000)). The Skidmore framework is a
“sliding scale” approach, id. at 304, which “requires a court to
assign a weight to an [agency interpretation] based on ‘the
thoroughness evident in its consideration, the validity of its
reasoning, its consistency with earlier and later
pronouncements, and all those factors which give it power to
persuade, if lacking power to control,’” id. at 295 (quoting
Skidmore, 323 U.S. at 140). “‘[T]he most important
considerations are whether the agency’s interpretation ‘is
consistent and contemporaneous with other pronouncements of
the agency and whether it is reasonable given the language and
purpose of the Act.’” Id. at 304 (quoting Del. Dep’t of Nat.
Res. & Envtl. Control v. U.S. Army Corps of Eng’rs, 685 F.3d
259, 284 (3d Cir. 2012)).

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