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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Department of Housing and Urban Development v. Rucker, 535 U.S. 125 (2002)

Citation
Department of Housing and Urban Development v. Rucker, 535 U.S. 125 (2002)
Parent Document
Department of Housing and Urban Development v. Rucker, 535 U.S. 125 (2002)
Effective Date
2002-03-26

Other Sections in This Document (59)

Full Text

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After OHA initiated the eviction proceedings in state court, respondents commenced actions against HUD, OHA, and OHA’s director in United States District Court. They challenged HUD’s interpretation of the statute under the Administrative Procedure Act, 5 U. S. C. § 706(2)(A), arguing that 42 U. S. C. § 1437d(Z)(6) does not require lease terms authorizing the eviction of so-called “innocent” tenants, and, in the alternative, that if it does, then the statute is unconstitutional. 3