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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And, in any event, the inconsistency here is more a matter of form than substance. While it is true that the 1979 regulations included evictions in the informal administrative review process, these regulations were promulgated immediately after the amendments to the Housing Act of 1949 and, most importantly, with a simultaneous invitation for comments evincing the agency’s intention of republishing the regulations after further study. Thus, rather than providing any basis for the estoppel argument, the original regulations and their subsequent amendments support appellee’s position that from the outset it believed tenants of FmHA-subsi-dized housing could be afforded their statutory procedural rights in either an administrative or a judicial proceeding.

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