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Landlord & Tenant: Enhanced Voucher Rental Assistance and the Perpetual Lease.

Posted By Cliff Tuttle | September 10, 2018

No. 1,555

THEODORE HAYES; AQUEELA FOGLE V. PHILIP E. HARVEY, NO. 16-2692, THIRD CIRCUIT COURT OF APPEALS (2018).

“The Hayes family receives enhanced voucher rental assistance from the federal government, and a federal statute provides that enhanced voucher holders “may elect to remain” in their housing developments, even after their landlord has opted out of the federal housing assistance program. 42 U.S.C. § 1437f(t)(1)(B). But the Hayes family’s landlord, Appellee Philip Harvey, contends that this statutory right to “elect to remain” does not apply at the end of a lease term. Thus, according to Harvey, he is permitted to evict the Hayes family without cause once their lease has expired. The District Court agreed and granted Harvey’s motion for summary judgment. We will reverse, however, because the statute’s plain language and history make evident that enhanced voucher holders may not be evicted absent good cause, even at the end of a lease term.”

Click the link on the case name above to read why a landlord with a tenant in the enhanced voucher rental assistance program cannot be evicted, except for good cause.  You might want to look at Judge Michael Fisher’s dissent in which he claims that the “clear language” of the statute isn’t so clear.  This case was decided after reargument before the court en banc. If you are a Pennsylvania landlord or tenant in the enhanced voucher program, its the law — unless the US Supreme Court says otherwise.

CLT

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 40 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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