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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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Likewise, as part of the notice and comment procedure necessary for implementing its regulations, HUD received substantial criticism of the applicability of § 1437d(J )(6) to ignorant tenants. “Comment by legal aid and by tenant organizations ... alleges that the tenant should not be responsible if the criminal activity is beyond the tenant’s control, if the tenant did not know or have reason to foresee the criminal conduct, ... or if the tenant has done everything “reasonable” to control the criminal activity.” 56 Fed.Reg. at 51,-566 (1991). HUD nevertheless interpreted § 1437d(Z )(6) to grant discretion to PHAs to evict ignorant tenants. 56 Fed.Reg. at 51,567.