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
Original Source
https://www.courtlistener.com/opinion/7086389/rucker-v-davis/ ↗

Other Sections in This Document (190)

Full Text

624 chars 
Paragraph 9(m) is not an ordinary term found in residential leases and should not be treated as such. There is certainly no bargained-for-exchange in public housing leases. The form of public housing leases is almost entirely dictated by HUD. This lease provision was required by the very HUD regulations we have invalidated, and is simply the embodiment of the erroneously broad interpretation of § 1437d(i )(6). As we discussed in section IV.A. above, such a provision would be unreasonable, and including an unreasonable term in a public housing lease is prohibited under § 1437d(£), as are evictions without good cause.7