24 C.F.R. § 5.854

When must I prohibit admission of individuals who have engaged in drug-related criminal activity?

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(a) You must prohibit admission to your federally assisted housing of an applicant for three years from the date of eviction if any household member has been evicted from federally assisted housing for drug-related criminal activity. However, you may admit the household if:

(1) The evicted household member who engaged in drug-related criminal activity has successfully completed an approved supervised drug rehabilitation program; or

(2) The circumstances leading to the eviction no longer exist (for example, the criminal household member has died or is imprisoned).

(b) You must establish standards that prohibit admission of a household to federally assisted housing if:

(1) You determine that any household member is currently engaging in illegal use of a drug; or

(2) You determine that you have reasonable cause to believe that a household member's illegal use or a pattern of illegal use of a drug may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2014–2024 · leading case: Forest City Residential Mgmt., Inc. v. Beasley, 71 F. Supp. 3d 715 (E.D. Mich. 2014).

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Forest City Residential Mgmt., Inc. v. Beasley, 71 F. Supp. 3d 715 (E.D. Mich. 2014). · cites it 2× “24 C.F.R. § 5.854 (b)(1). A household must also be denied admission to federally assisted housing if the owner has reasonable cause to believe that a household’s illegal use of drugs “may interfere with the health, safety, or right to peaceful enjoyment of the premises by other…”

Aubrey Mitchell v. Ridgewood East Apts., LLC, 205 So. 3d 1069 (Miss. 2016). “24 C.F.R. § 5.854 (requiring landlord to prohibit admission of applicant if applicant “has been evicted from federally assisted housing for drug-related criminal activity”); 24 C.”

Bloch v. Fudge (W.D. Pa. 2024). “24 C.F.R. § 5.854 ; see also 42 U.S.C. § 13661 (b)(1); 24 C.”

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