Section 1480

Citation: Section 1480
Parent Document: Barbara Brewer v. Edward R. Madigan, Etc., 945 F.2d 449 (1991)
Jurisdiction: United States (federal)
Effective Date: 1991-09-26
Original Source: https://www.courtlistener.com/opinion/569091/barbara-brewer-v-edward-r-madigan-etc/ ↗

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The next question for this court would therefore be whether the judicial mechanism designated by the Secretary satisfies the two procedural requirements imposed by the statute. We believe that the challenged regulation, as amended in 1983 to require written notice and judicial action for evictions, satisfies the language of § 1480(g). The “written notice” requirement of 42 U.S.C. § 1480(g) is satisfied by the provision requiring the landlord to give tenants a written notice of eviction stating the lease term allegedly violated, the reasons for the eviction and the fact that the eviction must take place through judicial action. 7 C.F.R. § 1944.553(3). Section 1480(g)’s requirement of “an opportunity to appeal an adverse decision and to present additional information relevant to that decision to a person, other than the person making the original determination, who has authority to reverse the decision” is satisfied by the provision that landlords “shall not evict any tenant except by judicial action pursuant to State or local law.” 7 C.F.R. § 1944.533(f). A state judicial proceeding provides tenants with at least an opportunity to appeal and allows them to present their position (and “any additional information”) to the state or local judge, a person different from the original decision-maker who has authority to reverse the landlord’s decision to evict. 4

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