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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The language HUD relies on is no longer part of the statute. We are therefore hesitant to even address an argument for harmonious interpretation when there is no longer a provision to harmonize. We do, however, note that even as originally drafted, § 1437d(c)(4)(A)(iii) was not entirely inconsistent with the tenants’ interpretation of § 1437d(Z)(6). For example, an entire family, including minor children, can be evicted under § 1437d(i)(6) if the parent engages in drug-related activities. These children, upon reaching the age of eighteen, would become eligible for public housing. The prior version of § 1437d(c)(4)(A)(iii) would have waived the three-year disqualification period for such children if they were not participants in the criminal activity which caused the fam*1123ily to be evicted, which means that this provision would not have been surplusage under the tenants’ interpretation. 4. Summary

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