Section 1437d

Citation: Section 1437d
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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It is not necessary, however, to reach this constitutional issue if there is a construction of § 1437d(i)(6) which avoids *1126the question and is “not plainly contrary to the intent of Congress.” X-Citement Video, 513 U.S. at 78, 115 S.Ct. 464. The tenants have proposed such a construction, by reading the use of the term “control” as a limitation on the breadth of the provision. Today we adopt that interpretation and hold that if a tenant has taken reasonable steps to prevent criminal drug activity from occurring, but, for a lack of knowledge or other reason, could not realistically exercise control over the conduct of a household member or guest, § 1437d(Z )(6) does not authorize the eviction of such a tenant. Cf. id. (reading “knowing” requirement of one criminal element as applying to second criminal element to avoid serious constitutional doubts); Ma v. Reno, 208 F.3d 815, 828 (9th Cir.2000) (finding reasonable time limitation implicit in statute to avoid serious due process concerns). V. PRELIMINARY INJUNCTION A. APA Claim

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