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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 (42)

Full Text

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In light of the public comments offered, the FmHA decided in the final rule to retain the hearing officer or panel as a component of the process, and, rather than completely removing evictions from the regulations, further decided that lease terminations would be permissible only through state or local judicial action. Thus, the agency’s modified rule answered concerns attending the wholesale elimination of the hearing officer or panel, as well as the specter that “self-help” evictions *1550might take place in those states that permitted them. The regulation contested in this appeal now provides that “[germination of tenancy and eviction must be based on material violation of the lease terms or for other good cause” and that eviction shall not take place “except by judicial action pursuant to State or local law.” 7 C.F.R. § 1944.553(f) (1991). C. The Proceedings Below