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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          We acknowledge that the right to elect to remain is
tied, not to the particular unit, but to the “same project in which
the family was residing on the date of the eligibility event.” 42
U.S.C. § 1437f(t)(1)(B) (emphasis added). One would think,
then, that at least under certain circumstances, property owners
could arrange for an enhanced voucher family to move to
another unit in the “same project” and still be in compliance
with § 1437f(t)(1)(B). Here, however, Harvey has not
expressed a willingness to permit the Hayes family to move
into another one of his apartments on Pine Street, so we need
not address the question, and for practical purposes of this case,
the inquiry is whether Harvey may evict the family from this
particular unit without cause. For the reasons we have just
provided, we conclude that he may not. We note too that this
case does not present the question of whether the right to elect
to remain survives a downstream sale of a unit that ceases to
be part of a “multifamily housing project,” defined as
“consist[ing] of not less than five dwelling units on one site,”
24 C.F.R. § 241.500(d), because Harvey purchased three
contiguous duplex houses, or six units.

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