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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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Consequently, the “one-strike” policy was implemented as a result of these findings. Accordingly, Congress sought to occupy the field in the area of drug-related crimes in public housing in an effort to eradicate it. Had Congress intended to mandate remedies to this policy, it would have so said. Thus, a state statute allowing remedies beyond any that may be granted by Congress is contrary to clear congressional language and intent. Thus, I conclude that KRS 383.660(1) is preempted by 42 U.S.C. § 1437d(Z )(6).