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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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I agree with the conclusion of the majority that Ms. Turner cannot be evicted but write separately because I respectfully disagree with the analysis utilized in reaching that conclusion. In my opinion there is no doubt that the federal law in this case occupies the field. Thus, it preempts any state law to the contrary. The "one-strike" policy of 42 U.S.C. § 1437d(l)(6) does not include any provisions mandating that a tenant be allowed to cure violations of it, which is precisely what the majority concludes that KRS 383.660(1) does.