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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

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. HUD took the position at oral argument that an eviction court could only consider whether or not the lease term was violated, and could not review the PHAs’ decision that the violation warranted eviction. This issue is not before the court today, but we note that the quoted passage suggests that eviction courts do have a role to play in evictions under § 1437d(/)(6) and that the PHAs' discretion does not appear to be unchallengeable. See, e.g., Robert Hornstein, Mean Things Happening in This Land: Defending Third Party Criminal Activity Public Housing Evictions, 23 S.U.L.Rev. 257 (1996) (discussing abuse of discretion defense in PHA eviction cases).