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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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)
Effective Date
2001-01-24

Other Sections in This Document (190)

Full Text

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It is, of course, our task to determine the meaning of subsection (6) and not its wisdom. Our task is to examine HUD’s construction of subsection (6) in light of and in relation to the other provisions of section (1). There is undisputedly a significant problem with crime and drugs in public housing. The goal of providing safe and drug-free public housing is well served by permitting the local PHAs to evict tenants who engage in the proscribed criminal activities. It is also furthered by imposing a duty on tenants to take reasonable steps to control the drug or criminal activity of family members and guests or face eviction. There is no dispute that the eviction of tenants who personally engage in drug activity or of tenants who turn a blind eye to the activities of household members or guests falls squarely within the language of the statute under either party’s reading.