[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