Suella Debolt v. Michael Espy, 47 F.3d 777 (1995)

Citation: Suella Debolt v. Michael Espy, 47 F.3d 777 (1995)
Parent Document: Suella Debolt v. Michael Espy, 47 F.3d 777 (1995)
Jurisdiction: United States (federal)
Effective Date: 1995-05-05
Original Source: https://www.courtlistener.com/opinion/689152/suella-debolt-v-michael-espy/ ↗

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Lastly, the plaintiff contends that the FmHA encouraged landlords to violate the yearly lease regulation by promulgating a model lease agreement containing month-to-month rental terms. This placed any landlord relying on the FmHA’s “model” lease to be in violation of an FmHA regulation requiring all leases to “cover a period of one year.” 7 C.F.R. Part 1930, Subpart C, Exhibit B ¶ VIII(A)(1) (1994). According to the plaintiffs complaint, her landlord was one of those which used the model lease. In August of 1992, however, the FmHA promulgated a new model lease agreement actually complying with its own regulations. Any relief we might afford the plaintiff or the class in this regard has therefore been preempted by the agency, making the claim moot. 3 Y.

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