[Federal Register Volume 62, Number 166 (Wednesday, August 27, 1997)]
[Notices]
[Page 45434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22719]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4264-N-01]
Public Housing Lease and Grievance Procedures; Notice of HUD Due
Process Determinations
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of HUD due process determinations.
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SUMMARY: Under section 6(k) of the United States Housing Act of 1937, a
housing agency (HA) is generally required to provide a public housing
tenant with the opportunity for an administrative hearing before
commencement of eviction proceedings in court. The statute provides
that the HA may bypass the administrative hearing for evictions
involving any activity that threatens the health, safety or right to
peaceful enjoyment of the premises of other tenants or employees of the
HA or any drug-related criminal activity on or of such premises.
However, HUD must first make a determination that local law requires a
pre-eviction court hearing that provides the basic elements of due
process (a ``due process determination''). This notice lists the
judicial eviction procedures in the States of Louisiana and North
Carolina for which HUD has recently issued a due process determination.
FOR FURTHER INFORMATION CONTACT: Office of General Counsel, Assisted
Housing Division, Department of Housing and Urban Development, 451 7th
Street, SW., Room 8166, Washington, DC 20410; telephone (202) 708-0470
(This is not a toll free number). Hearing or speech-impaired
individuals may access this number via TTY by calling the toll-free
Federal Information Relay Service at 1-800-877-8339.
Individuals may arrange to inspect and copy the documents detailing
the legal analysis on which the due process determination is based by
contacting the Assisted Housing Division.
SUPPLEMENTARY INFORMATION:
I. Background
On March 26, 1996 (61 FR 13272), HUD published a final rule in the
Federal Register amending its regulations governing public notice and
comment rulemaking requirements (24 CFR part 10) and public housing
lease and grievance procedures (24 CFR part 966). The final rule added
a new paragraph (a)(2)(iii) to Sec. 966.51 which states that ``[f]or
guidance to the public, HUD will publish in the Federal Register a
notice listing the judicial eviction procedures for which HUD has
issued a due process determination.''
Also on March 26, 1996 (61 FR 13276), HUD published a notice in the
Federal Register implementing 24 CFR 966.51(a)(2)(iii). The notice
provided a State-by-State listing of the due process determinations
issued by HUD. Each listing provided a brief description of the
judicial eviction procedures required by local law which HUD has
determined are consistent with the basic elements of due process, as
further defined in 24 CFR 966.53(c).
Subsequent to the publication of the March 26, 1996 notice, HUD
issued due process determinations covering the States of Mississippi
and Connecticut. Additionally, HUD expanded the coverage of its
previously issued determination for the State of Massachusetts to
account for a recent change in State law. On September 11, 1996 (61 FR
47953), HUD published a notice in the Federal Register which described
the judicial eviction procedures in the States of Connecticut,
Massachusetts and Mississippi for which it had issued a due process
determination.
Since the publication of the March 26, 1996 and September 11, 1996
Federal Register notices, HUD has issued two new due process
determinations, which cover the States of North Carolina and Louisiana.
This notice supplements the March 26, 1996 and September 11, 1996
notices by providing a brief description of the judicial eviction
procedures in these two States for which determinations have been
issued.
II. Listing of Judicial Eviction Procedures in the States of Louisiana
and North Carolina for Which HUD Has Issued a Due Process Determination
Louisiana
A summary action for eviction in the district courts and in the
courts of limited jurisdiction under Book VII, Title XI of the
Louisiana Code of Civil Procedure.
North Carolina
A summary ejectment action in district court (including a summary
ejectment action before a magistrate in district court) and in superior
court under Chapter 42, Article 3 of the General Statutes of North
Carolina.
Catalog of Federal Domestic Assistance. The Catalog of Federal
Domestic Assistance Number for Public Housing is 14.850.
Dated: August 21, 1997.
Kevin Emanuel Marchman,
Acting Assistant Secretary for Public and Indian Housing.
[FR Doc. 97-22719 Filed 8-26-97; 8:45 am]
BILLING CODE 4210-33-P
