Rucker v. Davis, 237 F.3d 1113 (2001)

Citation: Rucker v. Davis, 237 F.3d 1113 (2001)
Parent Document: Rucker v. Davis, 237 F.3d 1113 (2001)
Jurisdiction: United States (federal)
Effective Date: 2001-01-24
Original Source: https://www.courtlistener.com/opinion/7086389/rucker-v-davis/ ↗

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In examining the language of the statute, we must look to its place in the overall statutory scheme and “fit, if possible, all parts into a harmonious whole,” Brown & Williamson, 529 U.S. at-, 120 S.Ct. at 1301 (quoting FTC v. Mandel Bros., Inc., 359 U.S. 385, 389, 79 S.Ct. 818, 3 L.Ed.2d 893 (1959)). First established in 1937, the public housing program was a response to an acute shortage of “decent and safe dwellings for low-income families.” 42 U.S.C. § 1437. Understanding that these low income tenants face grave adversity if evicted, Congress has put a number of protections in place that limit the ability of local PHAs to evict. In § 1437d(£) itself, the local PHAs are prohibited from using leases with unreasonable terms and conditions. Another subsection also provides that the leases must not permit the PHA to terminate tenancies except for “serious or repeated violation of the terms or conditions of the lease or for other good cause.” § 1437d(i )(5). We believe reading section (l) as a “harmonious whole,” requires us to presume that Congress also intended subsection (6) to be construed as a reasonable lease term and to permit eviction only if there is good cause.

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