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 avoids the dictates of Chevron by finding that “Congress had an intention on the precise question at issue that is contrary to HUD’s construction.” *1129Maj. Op. at 1119. The majority’s evidence, however, is wholly insufficient to support this conclusion. We will discuss the evidence in greater detail below, but note here the gap between what the majority purports to prove and what it has in fact shown. According to the majority, the language of the statute is ambiguous. Maj. Op. at 1120.1 The legislative history noted by the majority is equally ambiguous. It simultaneously provides discretion to local PHAs and suggests how that discretion should be exercised. “It is well established that legislative history which does not demonstrate a clear and certain congressional intent cannot form the basis for enjoining regulations.” Rust v. Sullivan, 500 U.S. 173,189-190, 111 S.Ct. 1759, 114 L.Ed.2d 233 (1991).

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