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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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We find that Congress did not intend § 1437d(i )(6) to permit the eviction of innocent tenants. Thus, HUD’s contrary interpretation must be rejected. The district court therefore properly enjoined OHA from pursuing evictions based on the erroneous interpretation of § 1437d(Z )(6) as embodied in the OHA lease. On the *1128limited factual record before it, the district court did not abuse its discretion in enjoining Walker’s eviction with respect to his ADA claim. The grant of the preliminary injunction is AFFIRMED.