Theodore Hayes v. Philip Harvey (2018)

Citation: Theodore Hayes v. Philip Harvey (2018)
Parent Document: Theodore Hayes v. Philip Harvey (2018)
Jurisdiction: United States (federal)
Effective Date: 2018-08-31
Original Source: https://www.courtlistener.com/opinion/4532088/theodore-hayes-v-philip-harvey/ ↗

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The Hayes family receives enhanced voucher rental
assistance from the federal government, and a federal statute
provides that enhanced voucher holders “may elect to remain”
in their housing developments, even after their landlord has
opted out of the federal housing assistance program. 42 U.S.C.
§ 1437f(t)(1)(B). But the Hayes family’s landlord, Appellee
Philip Harvey, contends that this statutory right to “elect to
remain” does not apply at the end of a lease term. Thus,
according to Harvey, he is permitted to evict the Hayes family
without cause once their lease has expired. The District Court
agreed and granted Harvey’s motion for summary judgment.
We will reverse, however, because the statute’s plain language
and history make evident that enhanced voucher holders may
not be evicted absent good cause, even at the end of a lease
term. We will therefore remand so that the District Court may

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