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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endless or perpetual lease.” Hayes, 186 F. Supp. 3d. at 434–
35; see also Dissenting Op. at 2 n.1. Examining the entire
statutory scheme in context, however, makes evident that such
concern is unwarranted. For one, the statute provides that
enhanced vouchers cannot be transferred to “any family other
than the original family on behalf of whom the voucher was
provided.” 42 U.S.C. § 1437f(t)(1)(C)(ii). 3 Additionally, any
existing lease agreement or HAP contract will provide grounds
for eviction. Indeed, leases for enhanced voucher tenancies are
statutorily required to include a “good cause” eviction clause.
12 U.S.C. § 1715z-1b(b)(3). Further, regardless of whether a
lease or HAP contract is in effect, the statutory provisions and
regulations governing ordinary vouchers generally apply to the
enhanced voucher program. See 42 U.S.C. § 1437f(t)(1).
Thus, § 1437f(o)(7)(C), from the ordinary voucher subsection,
applies and allows property owners to, at any time, terminate
enhanced voucher tenancies “for serious or repeated violation
of the terms and conditions of the lease, for violation of
applicable Federal, State, or local law, or for other good
cause.” 4

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