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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT v. RUCKER

No. 00-1770.

535 U.S. 125 (2002)

122 S.Ct. 1230

152 L.Ed.2d 258

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT v. RUCKER et al.

Supreme Court of United States.

Decided March 26, 2002.

Attorney(s) appearing for the Case

James A. Feldman argued the cause for the federal petitioner. With him on the briefs were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Kneedler, Barbara C. Biddle, Howard S. Scher, Richard A. Hauser, Carole W. Wilson, Howard M. Schmeltzer, and Harold J. Rennett. Gary T. Lafayette argued the cause for the private petitioners in No. 00-1781. With him on the briefs was Susan T. Kumagai.

Paul Renne argued the cause for respondents in both cases. With him on the brief were James Donato, Whitty Somvichian, and John Murcko.†

Chief Justice Rehnquist delivered the opinion of the Court.

With drug dealers "increasingly imposing a reign of terror on public and other federally assisted low-income housing tenants," Congress passed the Anti-Drug Abuse Act of 1988. § 5122, 102 Stat. 4301, 42 U. S. C. § 11901(3) (1994 ed.). The Act, as later amended, provides that each "public housing agency shall utilize leases which . . . provide that any criminal activity that threatens the health...

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