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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 3617

Citation
Section 3617
Parent Document
Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)
Effective Date
1998-12-02

Other Sections in This Document (884)

Full Text

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. The special concurrence also expresses "doubt that a regulation which on its face purports only to be an executive department's 'interpretation of [unlawful] conduct’ can be the basis of clearly established law.” Special Concurrence at 1311. The regulation at issue in this case, however, is more than a mere interpretation: it is binding law. See King v. Housing Auth., 670 F.2d 952, 954 (11th Cir.1982) (holding that HUD has the authority to promulgate binding regulations) (citing statute under which § 100.400 promulgated); 24 C.F.R. § 100.400(c) ("Conduct made unlawful under [§ 3617] includes, but is not limited to, the following: [listing types of unlawful conduct].”) (emphasis added).