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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

HOUSING AUTHORITY OF COVINGTON v. Turner, 295 S.W.3d 123 (2009)

Citation
HOUSING AUTHORITY OF COVINGTON v. Turner, 295 S.W.3d 123 (2009)
Parent Document
HOUSING AUTHORITY OF COVINGTON v. Turner, 295 S.W.3d 123 (2009)
Jurisdiction
Kentucky (state)
Effective Date
2009-05-29

Other Sections in This Document (101)

Full Text

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In this case, we conclude there is no prohibition in the federal law against affording a public housing tenant the right to remedy the breach, no irreconcilable conflict between the statutes, and that the application of the state statute does not defeat the objectives of the federal statute. To the contrary, the Supreme Court expressly left discretion to the states and local authorities when it stated that the local authorities are in the best position to consider “the extent to which the leaseholder has ... taken all reasonable steps to prevent or mitigate the offending action[.]” Rucker, 535 U.S. at 134, 122 S.Ct. at 1235 (quoting 66 Fed.Reg., at 28803). Thus, the Court explicitly concludes that the federal law does not deprive the local authorities of discretion to decide whether to evict its tenant. Id.