D.C. Circuit Enforces Protections for Enhanced Voucher Holders Under Federal and Local Law

This NHLP Housing Law Bulletin article from Jan. 2009 details a case heard by the United States Court of Appeals for the District of Columbia Circuit. The court decided that an owner converting federally assisted property to market rate must accept the tenants’ enhanced vouchers, as required both by the federal enhanced voucher statute and by local law prohibiting discrimination based upon source of income. In Feemster v. BSA Limited Partnership, the court affirmed the lower court’s interpretation of the enhanced voucher statute and reversed its decision that the local source of income protection law did not prohibit the owner’s refusal to accept the vouchers. As a result, the tenants may remain in occupancy until their tenancy is lawfully terminated under local law, and the lower court will now determine other available remedies for the local law violations.