In a decision from last Friday, the 3rd Circuit decided an interesting issue associated with housing assistance and one that frankly, for me, may be too complicated to adequately describe. Nevertheless, this is my effort - federal law provides for project based and tenant based housing assistance and includes enhanced vouchers for tenants who meet the qualifications for assistance. The federal law also provides that a person receiving assistance cannot be evicted except for cause. So, when the landlord attempted to evict the tenant at the expiration of the lease term and the tenant opted to stay, did federal law allow the tenant to stay? Yes, according the majority of the court, the landlord could not force the tenant out absent good cause as 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). http://www2.ca3.uscourts.gov/opinarch/162692p2.pdf [cid:image009.png@01D3AEF0.7E565ED0] Charles W Thompson, Jr Executive Director / General Counsel at International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image011.jpg@01D3AEF0.7E565ED0]<http://www.facebook.com/IMLA-259977855541/> [cid:image013.jpg@01D3AEF0.7E565ED0] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image014.jpg@01D3AEF0.7E565ED0] <http://twitter.com/imlalegal> [cid:image015.jpg@01D3AEF0.7E565ED0] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7110 M (240)-876-6790 D (202) 742-1016 W www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 83rd Annual Conference<http://imla.org/events/conferences>, October 17-21 in Houston, TX!