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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        In sum, HUD’s interpretation is not entitled to outright
deference, but, taking into account the most important
considerations under Skidmore, it does warrant considerable
weight. The agency’s position is reasonable, longstanding, and
consistent, and it was adopted contemporaneously with the
relevant amendment of the statute. The agency also has unique
experience managing the housing assistance programs, and
another circuit has already adopted the agency’s position.
Thus, even if the statutory language were not sufficiently clear
on its own, we would—treating HUD’s view as a thumb on the
scale—still reverse the District Court.

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