Luz Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)

Citation: Luz Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)
Parent Document: Luz Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)
Jurisdiction: United States (federal)
Effective Date: 1998-12-02
Original Source: https://www.courtlistener.com/opinion/759590/luz-gonzalez-v-lee-county-housin... ↗

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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)

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