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
Original Source
https://www.courtlistener.com/opinion/7086389/rucker-v-davis/ ↗

Other Sections in This Document (190)

Full Text

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Similarly, in a 1989 emergency supplemental appropriations measure, Congress directed the Secretary of HUD to issue waivers of certain administrative grievance procedures “as long as evictions of a household member involved in drug-related criminal activity shall not affect the right of any other household member who is not involved in such activity to continue tenancy.” Dire Emergency Supplemental Appropriations and Transfers, Pub L. No. 101-45, § 404, 103 Stat. 97 (1989). This measure, like the forfeiture statute, permits the taking of property without any pre-deprivation procedural protection. Congress, therefore, included a substantive protection for ignorant tenants. A similar substantive right, however, was not provided to tenants who received the full procedural protections offered by HUD and local PHAs.