Protecting families in vulnerable communities.

Can a tenant be evicted for drug-related activity of non-tenant relatives or guests regardless of whether the tenant knew, or should have known, about the activity?

Yes. In an 8–0 opinion delivered by Chief Justice William H. Rehnquist, the Supreme Court held that the Anti-Drug Abuse Act of 1988 unambiguously requires lease terms that give public housing authorities discretion to evict tenants for the drug-related activity of household members and guests. Congress could reasonably permit “no-fault” evictions to provide public housing that is decent, safe, and free from illegal drugs.

Read the case on Oyez

• Owners of federally assisted housing are authorized to screen applicants and to terminate tenancy in accordance with leases and landlord-tenant law.
• Where law permits but does not require action, owners may consider all circumstances — seriousness of the offense, effect on the community, extent of the leaseholder’s participation, effect on uninvolved household members, and evidence of rehabilitation.
• Admission must be denied for three years after an eviction for drug-related criminal activity (with exceptions for completed rehabilitation), and for current illegal drug use.
• Owners may deny admission for drug-related, violent, or other threatening criminal activity within a reasonable time before the admission decision.
• Admission and eviction actions must be consistent with fair housing and equal opportunity provisions (§ 5.105).

• The lease must provide that drug-related criminal activity on or near the premises by any tenant, household member or guest is grounds for termination.
• Owners may terminate tenancy for criminal activity that threatens the health, safety or peaceful enjoyment of other residents or neighbors, and for fugitive felons or parole violators.
• Eviction for criminal activity may proceed regardless of whether the person has been arrested or convicted.

• Applicants and tenants may not be denied or evicted on the basis of being a victim of domestic violence, dating violence, sexual assault or stalking.
• Such incidents are not a serious lease violation or good cause for termination of the victim’s tenancy.
• Covered providers must give notice of occupancy rights and a certification form, and adopt an emergency transfer plan with strict confidentiality.
• Leases may be bifurcated to remove the perpetrator while the victim remains.

Read 24 CFR Part 5 on eCFR

The association is governed by an Executive Director and Board Members who are part-time and serve for one year. Board Members are appointed and serve at the will of the Executive Director. The outgoing Executive Director appoints the incoming Executive Director, with the approval of the Board Members.