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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1437d

Citation
Section 1437d
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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Reviewing the interpretation of § 1437d(i )(6) de novo, we have concluded that HUD’s interpretation is inconsistent with Congressional intent and must be rejected. Chevron, 467 U.S. at 842-43, 104 S.Ct. 2778. The question remains whether the district court properly enjoined OHA from evicting innocent tenants pursuant to paragraph 9(m) of the OHA lease. This provision was required by HUD regulations (24 C.F.R. § 966.4(f)(12)(i)), which were, as discussed above, premised on HUD’s erroneous interpretation of § 1437d(i )(6).