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 chief “relevant factor” which appellant submits was not considered by the agency was the adequacy of state eviction laws to protect the rights of tenants. Appellant cites numerous comments that were filed by tenants and tenant advocates about the inadequacy of state laws to protect the rights of tenants in eviction cases, stating, among other things, that many had no comprehensive landlord-tenant laws and that many did not provide adequate due process protections to tenants. However, we think it is self-evident that in those states where the eviction laws do not meet the two requirements imposed by Congress, landlords will not be able to evict tenants through these summary proceedings but will instead have to resort to the ordinary civil process available in all courts of general jurisdiction. Resort to the states’ judicial processes will thus serve to guarantee that the procedural rights provided by Congress to FmHA tenants will be protected. This being so, the agency did not have to engage in a case-by-case evaluation of the eviction procedures of each individual state. 7 *458

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