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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(explaining that “Congress must act,” because “[f]or the last 18
months, HUD has had broad authority to prevent opt-outs and
the loss of affordable housing,” but has failed to act); 145
Cong. Rec. 22850 (majority Staff, Marking up to Market:
Renewing Section 8 Contracts and the Problem of Owner “Opt
Outs,” June 23, 1999) (noting that “HUD has failed to offer or
develop anything resembling a comprehensive approach to
solving the opt-out problem,” and that “many in the advocacy
community and some legislators expressed belief that
encouraging nonrenewals was an intentional policy choice [by
HUD].”). Indeed, even the Senate Report the majority cites
reveals that, in order to achieve the stated goal of allowing
assisted tenants to remain in their homes, Congress was
authorizing HUD to act, as opposed to imposing any obligation
on landlords. S. Rep. No. 106-161, 62 (“[a]uthoriz[ing] HUD
to provide . . . enhanced vouchers” for this purpose, and
instructing “HUD [to] make every effort to renew expiring
section 8 project-based contracts before making [enhanced]
vouchers available”). All of this further suggests that the
majority’s reading of 42 U.S.C. § 1437f(t)(1)(B) is based on an
incorrect premise—that it somehow is directed at the landlord-
tenant relationship. On the contrary, this history makes clear
(as does the statute itself) that the enhanced voucher provision
is directed at the relationship between HUD and assisted
tenants.
       Next, although the enhanced voucher provision reflects
congressional intent to strike a balance between landlords’ and
tenants’ interests, the majority imposes a far different balance.
Specifically, nothing in the legislative history suggests that
Congress ever meant to force owners, like Harvey, to
continuously renew enhanced-voucher tenancies, absent good
cause to end the lease. Rather, the enhanced voucher program
was clearly designed as a market-based solution that would

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