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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incentivize and encourage owners to continue renewing
enhanced-voucher tenancies. See 145 Cong. Rec. 22848
(statement of Rep. Rick Lazio, Chairman, H. Subcomm. Hous.
and Cmty.) (“[W]hat we have done with this bill is . . . create
the right incentive for owners to ensure the continuity of
allowing the seniors, the disabled . . . to continue to live . . .
there.”) (emphasis added) 7; id. (statement of Rep. Barney
Frank) (“[O]wners ought not to drop out. No one can say I am
driven economically to drop out. . . . No one is going to be
asked to lose money by staying in the program. We cannot take
away their legal right to get out; we can diminish their
financial incentive to get out.”) (emphasis added).
       Numerous contemporaneous statements corroborate
this view of the Section 8 enhanced voucher program. HUD
Section 8 opt-out crisis: Hearing before the Subcommittee on
Housing and Transportation of the Committee on Banking,
Housing, and Urban Affairs, 106th Cong. (July 1, 1999), 1999
WL 492966 (testimony of Sen. John Kerry) (“[T]he new HUD
policy largely meets the concerns of the owners of section 8
housing. Now, I ask these owners to hold up their side of the
bargain and agree to accept the new, higher rents and stay in
the program. I understand that it can be difficult at times to
work with HUD. Still, the Department has come far, far more

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