Scarborough v. Winn Residential L.L.P., 890 A.2d 249 (2006)

Citation: Scarborough v. Winn Residential L.L.P., 890 A.2d 249 (2006)
Parent Document: Scarborough v. Winn Residential L.L.P., 890 A.2d 249 (2006)
Jurisdiction: DC (municipal)
Effective Date: 2006-01-12
Original Source: https://www.courtlistener.com/opinion/1494029/scarborough-v-winn-residential-llp/ ↗

Full Text

1,077 chars

the Landlord to consider any particular factors before instituting eviction proceedings, a point HUD interpretations of the regulation have repeatedly made. Thus, in comments to a 2001 Final Rule, HUD explained that “a court’s function under HUD’s regulations is to determine whether an eviction meets the requirements of the lease and of [the applicable criminal activity prohibition], and not whether a [housing provider] has considered additional social and situational factors that HUD’s regulations authorize, but do not require.” 66 Fed.Reg. at 28782. And a 2002 letter by Carole W. Wilson, HUD’s Associate General Counsel, likewise explained that HUD’s regulations had sought to make clear that, while the federal statute does not compel the eviction of any tenant, nothing in the statute or regulations requires a housing provider to “consider, prior to initiating an eviction action, anything other than whether the relevant lease provision has, in fact, been violated.” Letter to Charles J. Macellaro (Aug. 15, 2002). The additional letters cited by appellant’s amici

Other Sections in This Document (93)

Full Text