[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