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From: Treena kaye
email: mailto:treenak@cfls.org
link: http://
date: 7/18/0 16:51
Date: 12/21/00
Time: 11:55:32 AM
Remote Name: 207.251.188.199
I am working with a public interest attorney here in Central Florida, on a four plaintiff 1983 suit in federal court against the police department, city and local PHA involving a challenge to warrantless searches of pha units by the pha. The PHA contends its lease gives it the right to enter a unit without out a warrant, no notice, and no tenant consent if management deems it an emergency. We know a number of issues (standing, etc.) we will be litigating. I would like to know if anyone has any unreported decisions or memo orders on the right of a pha tenant to seek a declaration of his rights under a PHA lease and any decisions on the application of 24 cfr 966.6(prohibited lease provisions), under any subdivision and in particular any analysis regarding its nonexclusive nature (the listed prohibited provisions are examples of the "kind" of provisions which are considered unconscionable and therefore prohibited).
Another issue: Does anyone have materials on actual implementation of the community service requirement? A local PHA is requiring the tenants to work at the local PHA.