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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According to both the Dissent and the District Court,
however, the significance of the 2000 amendment is that it
“obligates HUD to provide [tenants] the financial means to
afford the increased rent” after their property owners opt out of
the project-based program. Dissenting Op. 6; see also Hayes,
186 F. Supp. 3d at 435. Put differently, in the Dissent’s
estimation, the post-amendment version of § 1437f(t)(1)(B)
provides two different protections: “[i]t not only protects
against an early [lease] termination following an opt-out, but it
also explicitly provides eligible enhanced-voucher tenants with
a guarantee that HUD will provide them with an enhanced
voucher.” Dissenting Op. at 9 n.5.

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