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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hussion v. Madigan, 950 F.2d 1546 (1992)

Citation
Hussion v. Madigan, 950 F.2d 1546 (1992)
Parent Document
Hussion v. Madigan, 950 F.2d 1546 (1992)
Effective Date
1992-01-24

Other Sections in This Document (46)

Full Text

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1
In this appeal we consider whether the district court erred in holding that it was arbitrary and capricious for the Farmers Home Administration ("FmHA" or "Agency") to eliminate administrative review of lease terminations and evictions in FmHA-financed housing. In 1983, the FmHA altered the appeal process applicable to lease termination and eviction cases by substituting state judicial process in place of the previously established administrative review procedure. The regulations, as modified, now provide that landlords in FmHA program housing may evict a tenant only for a "material violation of the lease terms or for other good cause" in a "judicial action pursuant to State or local law." 7 C.F.R. § 1944.553(f) (1991). Our review discloses that the FmHA's 1983 amendment to its regulations was entirely consistent with the enabling act authorizing the FmHA housing program at issue, and that the Agency's action clearly was not arbitrary and capricious under the Administrative Procedure Act ("APA"). See 5 U.S.C. 706(2)(A) (1988). Accordingly, we REVERSE the judgment of the district court. I. BACKGROUND A. The Relevant Facts