8-14 Drug Abuse and Other Criminal Activity

• A. Key Requirements

  1. The authority to terminate tenancy of tenants is in accordance with the HUD model leases and state or local Landlord and Tenant Act(s).

  2. Criminal activity. Owners may terminate tenancy for any of the following types of criminal activity by a covered person (a tenant, household member, guest, or other person under the tenant’s control):

     • a. Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including property management staff residing on the premises); or

     • b. Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises.

NOTE: Owners may terminate tenancy and evict tenants for criminal activity by a covered person if they determine that the covered person has engaged in the criminal activity, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying a criminal conviction standard of proof of the activity.

3. Illegal drug use. Owners may evict a family when they determine that a household member is illegally using a drug or when owners determine that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents.

HUD Occupancy Handbook Chapter 8: Termination

6/07

8-17

Section 3: Termination of Tenancy by Owners

4350.3 REV-1

4. Alcohol abuse. Owners may terminate tenancy if they determine that a household member’s abuse or pattern of abuse of alcohol threatens the health, safety, or right to peaceful enjoyment of the premises by other residents.

5. *Lifetime sex offender. Owners must terminate the tenancy of a participant who is subject to a lifetime registration requirement under a State sex offender registration program who was erroneously admitted (the household member was subject to a lifetime registration requirement at admission and was admitted after June 25, 2001) and is receiving housing assistance.

NOTE: If an O/A erroneously admitted a lifetime sex offender, the O/A must offer the family the opportunity to remove the ineligible family member from the household. If the family is unwilling to remove that individual from the household, the O/A must terminate assistance for the household.*

6. Other circumstances. Owners may terminate tenancy during the term of the lease if a tenant is:

   • a. Fleeing to avoid prosecution, or custody or confinement after conviction for a crime, or attempting to commit a crime that is a felony under the laws of the place from which the individual flees, or that, in the case of the State of New Jersey, is a high misdemeanor; or

   • b. Violating a condition of probation or parole imposed under federal or state law.

7. Owners must consistently apply their eviction standards.

8. Eviction actions must be consistent with federal, state, and local civil rights laws, including the fair housing and equal opportunity laws described in 24 CFR 5.105.