Section 1437d

Citation: Section 1437d
Parent Document: Rucker v. Davis, 237 F.3d 1113 (2001)
Jurisdiction: United States (federal)
Effective Date: 2001-01-24
Original Source: https://www.courtlistener.com/opinion/7086389/rucker-v-davis/ ↗

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The majority points out that the statute is silent on the question of a tenant’s required knowledge. This alters the relevant inquiry only slightly. The majority must explain why the regulation that tracks the precise language of the statute is not reasonable. Id. at 844, 104 S.Ct. 2778. In short, whether one accepts our contention that the statutory language is clear or the majority’s argument that the language is silent, application of the Chevron test to the present controversy leads to the same conclusion. HUD’s regulation permitting the eviction of ignorant tenants whose household members or guests engaged in drug related criminal activity on or off public housing premises is valid and enforceable.

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