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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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The Department of Housing and Urban Development (HUD), the agency charged with administering public housing, properly concluded that the statute did authorize the eviction of ignorant tenants. 24 C.F.R. § 966.4(i )(1)(B); Public Housing Lease and Grievance Procedures, 56 Fed.Reg. 51,560, 51,567 (October 11, 1991). If this interpretation is a “permissible construction of the statute,” then this court may not substitute its own judgment for that of HUD. Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984). Because the statute is clear on its face, HUD’s interpretation is the only permissible construction of the statute.