Federal Register, Volume 61 Issue 59 (Tuesday, March 26, 1996)

[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Notices]
[Pages 13276-13277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7060]




[[Page 13275]]

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Part V





Department of Housing and Urban Development





_______________________________________________________________________



Public Housing Lease and Grievance Procedures; HUD Due Process 
Determinations; Notice

Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / 
Notices

[[Page 13276]]


DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-3998-N-01]


Office of the Assistant Secretary for Public and Indian Housing; 
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 42 U.S.C. 1437d(k), a housing authority 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 at 24 CFR part 
966 state that for certain criminal-related evictions the housing 
authority may bypass the administrative hearing. 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 for which HUD has 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. Hearing or speech-impaired individuals may call 1-800-877-
8339 (Federal Information Relay Service TTY). (Except for the ``800'' 
number, these are not toll free numbers.) 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

    HUD has published a final rule elsewhere in today's Federal 
Register amending its regulations at 24 CFR part 10, which sets forth 
HUD's rulemaking policies and procedures, and 24 CFR part 966, which 
governs HUD's public housing lease and grievance procedures. The rule 
adds a new paragraph (a)(2)(iii) to Sec. 966.51 which states that 
``[f]or guidance of 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.''
    This notice implements 24 CFR 966.51(a)(2)(iii). The notice 
provides a State-by-State listing of the due process determinations 
issued by HUD. Each listing provides a brief description of the 
judicial eviction procedures required by local law (e.g., forcible 
entry and detainer actions) which HUD has determined are consistent 
with the basic elements of due process as further defined in 24 CFR 
966.53(c).

II. Listing of Judicial Eviction Procedures for Which HUD Has 
Issued a Due Process Determination

Alabama

    Unlawful detainer action in district court under Ala. Code Secs. 6-
6-310(2) to -353 (1975) and a possessory action in district court under 
the Sanderson Act, Ala. Code Secs. 35-9-80 to -88.

Alaska

    Forcible entry and detainer action in district or superior court 
under Alaska Stat. Secs. 09.45.060 to .160.

Arizona

    Forcible entry and detainer action in justice or superior court 
under Ariz. Rev. Stat. Ann. Sections 12-1171 -1183.

Arkansas

    Forcible entry and detainer action in circuit court under Ark. Code 
Ann. tit. 18, ch. 60, subch. 3.

California

    Unlawful detainer action (as defined in Cal. Civ. Proc. Code 
Section 1161) in superior, municipal or justice court.

Colorado

    Unlawful detainer action in district or county court under Colo. 
Rev. Stat. Secs. 13-40-104 to -123 (1987, Supp. 1989).

Delaware

    Summary proceeding for possession in justice of peace court under 
Del. Code Ann. ch. 57.

District of Columbia

    (1) A civil ejectment action under D.C. Code Ann. Sec. 16-1101 in 
the civil division of the superior court; (2) A summary civil action 
for unlawful detainer under D.C. Code Ann. Sec. 16-501 in the landlord 
and tenant branch of the superior court; and (3) An action to recover 
possession of a rental unit used as a drug haven under D.C. Code Ann. 
Sec. 45-2559.2 in the landlord and tenant branch of the superior court.

Florida

    An action for possession in county court under Fl. Stat. Ann. 
Sec. 83.59 and a summary procedure for possession in county court under 
Fl. Stat. Ann. Sec. 51.011.

Georgia

    Dispossessory action in courts of record pursuant to Ga. Code Ann. 
Sec. 44-7-50 et seq. and dispossessory action in magistrate court 
pursuant to Ga. Code Ann. Section 15-10-1 et seq.

Idaho

    Unlawful detainer action in district court under Idaho Code Ann. 
tit. 6, ch. 3.

Illinois

    Forcible entry and detainer (``FED'') action in circuit court under 
Ill. Ann. Stat. ch. 110, para. 9-101 et seq. (Smith-Hurd 1992), 
including two special procedures for drug eviction: (1) a public 
housing agency FED action to evict the tenant for drug trafficking 
under Ill. Ann. Stat. ch. 110., para. 9-118; and (2) an FED action to 
evict the tenant under the Illinois Controlled Substance and Abuse Act, 
Ill. Ann. Stat. ch. 100-1/2, para. 13.9 et seq. (Smith-Hurd 1992).

Indiana

    Ejectment action (as defined in Ind. Code Ann. Sec. 32-6-1.5-1 
(Burns 1992)) in the following courts: (1) The small claims and 
misdemeanor division of the circuit, superior and county courts; (2) 
the regular civil division of the circuit, superior, and county courts; 
and (3) the Municipal Court of Marion County.

Iowa

    Forcible detainer action in district court under Iowa Code Ann. 
chs. 562A, 631, 648 and the Iowa Rules of Civil Procedure.

Kansas

    An action in district court for rent and possession under Kan. 
Stat. Ann. Section 58-2501 to -2533, 58-2540 to -2573; and an action in 
district court for forcible detainer under Kan. Stat. Ann. Secs. 58-
2542 to -2573 and Kan. Stat. Ann. ch. 61, art. 23.

Kentucky

    Forcible entry and detainer (FED) action in district court in 
jurisdictions that have adopted the Uniform Residential Landlord and 
Tenant Act (URLTA). The URLTA provisions on FED actions are set forth 
in Ky. Rev. Stat. Secs. 383.500 to .715.

Maine

    Forcible entry and detainer action in district court under Me. Rev. 
Stat. Ann. ch. 14, Section 6001.

[[Page 13277]]


Maryland

    (1) An action for summary eviction in district court under Md. Code 
Ann., Real Prop. Sections 8-401 to -403; (2) An action for ejectment in 
circuit court under Md. Code Ann., Cts. & Jud. Proc. Sec. 4-402; and 
(3) An action for ejectment in circuit court under Md. Rules Ann. ch. 
1100, Secs. T40 to T46.

Massachusetts

    An action for eviction in housing, district or superior court under 
Mass. Gen. Laws ch. 239.

Michigan

    A summary proceeding for recovery and possession of premises in 
district court under Mich. Comp. Laws Secs. 600.5701 to .5756.

Minnesota

    Forcible entry and unlawful detainer action in district court (or 
in the housing courts of Hennepin and Ramsey Counties) under Minn. 
Stat. Ann. Secs. 566.01 to .33.

Missouri

    Unlawful detainer action (as defined in Mo. Rev. Stat. 
Sec. 534.030) in circuit court (including an action in small claims 
courts).

Montana

    An action for possession in district or justice court under the 
Montana Residential Landlord and Tenant Act of 1977, Mont. Code. Ann. 
Sections 70-24-101 to -442

Nebraska

    An action for the restitution of real property in county or 
district court under the Nebraska Uniform Residential Landlord and 
Tenant Act, Neb. Rev. Stat. Section 76-1401 et seq.

New Hampshire

    A summary action for eviction under N.H. Rev. Stat. Ann. ch. 540 
and a civil action of ejectment and entry.

New Jersey

    An action for eviction in the Special Civil Part of the Superior 
Court, Law Division, under N.J. Stat. Ann. Section 2A:18-61.1 et seq.

New Mexico

    A summary action for possession in district or magistrate court 
under the Uniform Owner-Resident Relations Act, N.M. Stat. Ann. 
Sections 47-8-1 to -51 (Michie 1978).

New York

    Summary eviction proceedings under N.Y. Real Prop. Acts. Law art. 7

North Dakota

    An action for eviction in district or county court under N.D. Cent. 
Code Sections 33-06-01 to -04.

Ohio

    Forcible entry and detainer action in municipal or county court 
under Ohio Rev. Code Sections 1923.01 to .15

Oklahoma

    An action in district court for forcible entry and detainer (12 
Okl. St. Section 1148.1 to .16, 1751 to 1772) for noncompliance which 
materially affects health or safety.

Oregon

    Forcible entry and detainer action in district court under Or. Rev. 
Stat. Sections 90.100 to .940, 105.110 to .155.

Pennsylvania

    An action for eviction in the court of common pleas under Section 
511 of the Pennsylvania Landlord Tenant Act, 68 Pa. Cons. Stat. Section 
250.511 and an action before a district justice for recovery of 
possession of real property under rules in the 500 series of the 
Pennsylvania Rules of Civil Procedure for District Judges.

Rhode Island

    An action for eviction in district court under R.I. Gen Laws tit. 
34, ch. 18.

South Carolina

    An action for possession in circuit or magistrate court under S.C. 
Code Ann. tit. 27.

South Dakota

    An action for detainer in circuit or magistrate court under S.D. 
Codified Laws Ann. Sections 21-16-1 to -12.

Tennessee

    An unlawful detainer action under Tenn. Code Ann. Sections 29-18-
101 to -134 and an action for possession under Tenn. Code Ann. Sections 
64-2801 to -2864, 66-28-101 to -517.

Texas

    An action for forcible entry and detainer in justice court under 
Tex. Prop. Code Ann. Sections 24.001 et seq., 91.001 et seq. and a 
trespass to try title action in district court under Tex. Prop. Code 
Ann. Sections 22.001 et seq. and 91.001 et seq.

Utah

    Unlawful detainer action in district or circuit court under Utah 
Code Ann. Sections 78-36-1 to -12.6 (1989 and 1990 Supp.).

Vermont

    A superior court ejectment action pursuant to Vt. Stat. Ann. tit. 
9, Sections 4451-4468 and Vt. Stat. Ann. tit. 12, Section 4851 et seq.

Virginia

    An unlawful detainer action in circuit court or general district 
court pursuant to Va. Code Sections 8.01-126.

Washington

    An unlawful detainer action in superior or district court under 
Wash. Rev. Code chs. 59.12, 59.18.

West Virginia

    An action in magistrate or circuit court for unlawful detainer 
under W. Va. Code ch. 55, art. 3 or for wrongful occupation under W. Va 
Code ch. 55, art. 3A-1.

Wisconsin

    An action for eviction in circuit court under Wis. Stat. Ann. ch. 
799.

Wyoming

    An action for ejectment in district court under Wyo. Stat. Section 
1-32-202 et seq.

    Dated: March 12, 1996.
Kevin Emanuel Marchman,
Acting Assistant Secretary for Public and Indian Housing.
[FR Doc. 96-7060 Filed 3-25-96; 8:45 am]
BILLING CODE 4210-33-P