HAYES v. HARVEY

No. 16-2692.

903 F.3d 32 (2018)

Theodore HAYES; Aqeela Fogle, Appellants v. Philip E. HARVEY.

United States Court of Appeals, Third Circuit.

Argued En Banc on May 16, 2018.

Opinion Filed: August 31, 2018.


Attorney(s) appearing for the Case

Rachel Garland [Argued], George Gould , Michael Donahue , Community Legal Services, 1424 Chestnut Street, Philadelphia, PA 19102, Counsel for Appellants.

Susanna Randazzo [Argued], Kolber & Randazzo, One South Broad Street, Suite 1610, Philadelphia, PA 19107, Counsel for Appellee.

Chad A. Readler , Acting Assistant Attorney General, William M. McSwain , United States Attorney, Michael S. Raab , Gerard J. Sinzdak [Argued], United States Department of Justice, 950 Pennsylvania Avenue NW, Washington, DC 201530, Counsel for Amicus Curiae U.S. Department of Housing and Urban Development.

Louis S. Rulli , University of Pennsylvania School of Law, 3501 Sansom Street, Philadelphia, PA 19104, Susanna R. Greenberg , University of Pennsylvania School of Law, 3400 Chestnut Street, Philadelphia, PA 19104, Counsel for Amici Curiae Philadelphia Association of Community Development Corporations, Action-House, Inc., Pennsylvania Legal Aid Network, Philadelphia Legal Assistance, and SeniorLAW Center in Support of Appellants.

James R. Grow , National Housing Law Project, 703 Market Street, Suite 200, San Francisco, CA 94103, Daniel Urevick-Ackelsberg , Public Interest Law Center, 1709 Benjamin Franklin Parkway, Floor 2, Philadelphia, PA 19103, Counsel for Amici Curiae National Housing Law Project, Housing Justice Center, and Sargent Shriver National Center on Poverty Law, National Alliance of HUD Tenants, National Housing Trust, Legal Aid Society of New York, Action-Housing, Inc., and Philadelphia Housing Authority in Support of Appellants.

Jennifer MacNaughton , City of Philadelphia Law Department, 1515 Arch Street, 17th Floor, Philadelphia, PA 19102, Counsel for Amici Curiae City of Philadelphia and Philadelphia Housing Authority in Support of Appellants.

Before: SMITH, Chief Judge, MCKEE, AMBRO, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR., VANASKIE, SHWARTZ, KRAUSE, RESTREPO, BIBAS, and FISHER, Circuit Judges.


OPINION

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...

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