[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Notices]
[Pages 47953-47954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23167]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Public and Indian Housing
[Docket No. FR-3998-N-02]
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 and HUD's
implementing regulations provide 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 off such premises. 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
three States for which HUD has recently issued a due process
determination.
FOR FURTHER INFORMATION CONTACT: Office of General Counsel, Assisted
Housing Division, Room 8166, Department of Housing and Urban
Development, 451 7th Street, SW, Washington, DC 20410; telephone (202)
708-2140. (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 determinations are 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).
Since publication of the March 26, 1996 notice, HUD has issued two
new due process determinations covering the
[[Page 47954]]
States of Connecticut and Mississippi. Additionally, HUD has expanded
the coverage of its previously issued determination for the State of
Massachusetts to account for a recent change in State law. This notice
supplements the March 26, 1996, notice by providing a brief description
of the judicial eviction procedures in these three States.
II. Judicial Eviction Procedures in the States of Connecticut,
Mississippi, and Massachusetts for Which HUD Has Issued a Due Process
Determination
Connecticut
A summary process action in the Civil and Housing Divisions of
Superior Court under chapter 832 of the Connecticut General Statutes
Annotated.
Mississippi
An unlawful entry and detainer action in the County and Circuit
Courts under Sec. 89-7-1 et seq. of the Mississippi Code Annotated.
Massachusetts
An action for eviction in the Housing, District, and Superior
Courts (Trial Courts) under Chapter 239 of the Massachusetts General
Laws, and a nuisance eviction action in the Trial Courts under Chapter
139 of the Massachusetts General Laws.
Dated: September 4, 1996.
Kevin Emanuel Marchman,
Acting Assistant Secretary for Public and Indian Housing.
[FR Doc. 96-23167 Filed 9-10-96; 8:45 am]
BILLING CODE 4210-33-P
