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Jeanty v. Shore Terrace Realty Ass'n

No. 03 Civ. 8669 (BSJ) (S.D.N.Y. decision Aug. 9, 2004).
Summary:

Challenge to owner's refusal to accept enhanced vouchers following opt-out from project-based Section 8 contract. Court issued preliminary and permanent injunctions requiring owner to accept tenants' enhanced vouchers, finding the federal law providing tenants with an "election to remain" was clear. Owner declined to appeal.

Decision Granting Permanent Injunction (Aug. 9, 2004) [PDF; 439K]

Court rules that enhanced voucher statute is clear on its face that owner must accept enhanced vouchers from prior tenants, and that even if it was ambiguous, HUD interpretation in the Section 8 Renewal Guide, PIH Notice 2001-41 are rational and consistent with the statute's legislative history. Court also rules, consistent with HUD's Renewal Guide, that the tenant's right to remain lasts until there is good cause to terminate the tenancy, and thus owners must also offer tenants a lease renewal upon expiration, also consistent with HUD's Guide. Court also rejects owner's bald claim that these requirements constitute an unconstitutional taking.

Plaintiff's Supplemental Memorandum in Support of Request for Permanent Injunction [WPD; 40K]

Filed in response to court's request.

Reply Memo in Support of Motion for Preliminary Injunction [WPD; 40K]

Responding to defendant's arguments that legislation does not require acceptance of tenant's voucher.

Plaintiff's Memorandum in Support of Motion for Preliminary Injunction [WPD; 66K]

Seeking preliminary relief against owner's refusal to accept enhanced voucher.

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