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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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Citation
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Parent Document
Connie Burton v. Tampa Housing Authority, 271 F.3d 1274 (2001)
Effective Date
2001-11-07

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Likewise, in this instance, Congress was aware that the
             administrative agency charged with implementing the
             eviction provision construed it to permit eviction of
             ignorant tenants. This interpretation had been challenged
             in both policy and constitutional grounds before
             Congress and in HUD’s notice and comment procedures.
             Congress itself has shown its concern for ignorant tenants
             by protecting them with specific language in other
             legislative enactments. See supra. Congress, however,
             did not provide an exemption for ignorant tenants when it
             amended § 1437(d)(l)(6) in 1996. This court does not
             have the power to amend the statute. Congress clearly
             intended HUD’s interpretation of the eviction to prevail. Rucker, 237 F.3d at 1135 (Sneed, J., dissenting).