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PARK VILLAGE APT. TENANTS v. MORTIMER HOWARD TRUST

No. 10-15303.

636 F.3d 1150 (2011)

PARK VILLAGE APARTMENT TENANTS ASSOCIATION; William Foster; Shirley Smith; Cornelius Weekley, Plaintiffs-Appellees, v. MORTIMER HOWARD TRUST; Mortimer R. Howard, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 25, 2011.

Attorney(s) appearing for the Case

Thomas Melvin Swihart , Berkeley, CA, for the defendant-appellant.

James Russell Grow , Kent Kang Qian , National Housing Law Project, Oakland, CA; Lisa Shouse Greif , Bay Area Legal Aid, Oakland, CA, for the plaintiffs-appellees.

Opinion by Judge MILAN D. SMITH, JR.; Partial Concurrence and Partial Dissent by Judge WILLIAM A. FLETCHER.

OPINION

M. SMITH, Circuit Judge:

The individual Plaintiffs are a group of elderly, low-income tenants of a former project-based, federally subsidized Section 8 housing complex. They argue that federal law gives them a right to remain in the complex and to pay a portion of their rent by using federally funded "enhanced vouchers." Defendants, who own the housing complex, argue that the tenants have no right to remain...

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