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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In this case, Congress has limited the right to reside in public housing to those individuals who agree to accept responsibility for the drug-related criminal activity of their household members and guests. It has granted to PHAs the authority to withdraw this benefit from those who will not or cannot prevent them guests from engaging in such activity. So long as this *1139condition is relevant to the government’s underlying interest as a landlord, it is constitutionally permissible. Nollan v. Cal. Coastal Comm’n, 483 U.S. 825, 836, 107 S.Ct. 3141, 97 L.Ed.2d 677 (1987) (if governmental purpose is sufficient to justify outright refusal of benefit, it is sufficient to justify conditions on that benefit). See also Dandridge v. Williams, 397 U.S. 471, 90 S.Ct. 1153, 25 L.Ed.2d 491 (1970).

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