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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But the very next year, in 2000, Congress replaced the
above language with the current version of § 1437f(t)(1)(B)’s
first clause, stating that “the assisted family may elect to
remain in the same project in which the family was residing on
the date of the eligibility event.” Pub. L. No. 106-246, § 2801,
114 Stat. 511, 569 (2000). Our interpretation must effectuate
that change, for it simply is not plausible that Congress
amended the statute within one year of its initial enactment
merely to set the scene differently. By providing that eligible
families “may elect to remain,” Congress must have given
those families some right that they did not enjoy previously—
a right to choose to stay that their landlords must accept by
continually renewing their leases.

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