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)

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Accordingly, we find that the district court properly granted the preliminary injunction generally enjoining OHA from pursuing evictions under paragraph 9(m) to the extent it seeks to do so for off-premises drug-related activity in which the tenant did not know of or have reason to know of the criminal activity.8 OHA remains free to proceed with evictions for off-premises drug activities when it can prove the tenant knew or should have known of the activity.9 Likewise, the dis*1127trict court specifically permitted OHA to pursue evictions of tenants when the drug-related activity occurs within the tenant’s apartment, creating a rebuttable presumption that a tenant controls what occurs in his or her unit.10 These directives are perfectly consistent with our interpretation of “control” in § 1437d(i)(6). We therefore affirm this portion of the injunction.