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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 2

Citation
§ 2
Parent Document
Eunice Samuels, Lorraine Warren v. District of Columbia, 770 F.2d 184 (1985)
Effective Date
1985-08-06

Other Sections in This Document (234)

Full Text

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We also believe, moreover, that section 1437d(k) itself must be read to require local PHAs to provide an administrative grievance forum for the underlying tenant complaints in this case. The legislative history of that provision strongly indicates that Congress did not intend its reference to PHA “action” to result in a massive exclusion of certain tenant complaints from the scope of the grievance procedure requirement. As we noted above, HUD’s 1982 rulemaking specifically proposed to eliminate mandatory grievance procedures for tenant complaints (such as the plaintiffs’) concerning the day-to-day operation of public housing projects. Congress explicitly rejected that attempt to limit the grievance procedure requirement when it enacted section 1437d(k), and in doing so it clearly intended to mandate a regulatory framework that required an administrative forum for all tenant disputes.