24 C.F.R. § 5.858
What authority do I have to evict drug criminals?
The lease must provide that drug-related criminal activity engaged in on or near the premises by any tenant, household member, or guest, and any such activity engaged in on the premises by any other person under the tenant's control, is grounds for you to terminate tenancy. In addition, the lease must allow you to evict a family when you determine that a household member is illegally using a drug or when you 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.
Notes of Decisions
Cited in 10
cases, 2005–2017 · leading case: Chateau Foghorn LP v. Hosford
Chateau Foghorn LP v. Hosford, 168 A.3d 824 (Md. 2017). “24 C.F.R. § 5.858 implements the mandatory lease requirement stated in 42 U.”
Hosford v. Chateau Foghorn LP, 145 A.3d 616 (Md. Ct. Spec. App. 2016). “Section 1437f(d)(l)(B)(iii) requires that tenant leases in such projects provide that engaging in drug-related criminal activity is grounds for termination of the lease: Contracts to make assistance payments entered into by a public housing agency with an owner of existing…”
Camco, Inc. v. Lowery, 839 N.E.2d 655 (Ill. App. Ct. 2005). “24 C.F.R. § 5.858 (2005). Rucker addressed Ms.”
Forest City Residential Mgmt., Inc. v. Beasley, 71 F. Supp. 3d 715 (E.D. Mich. 2014). “Drug-related criminal activity engaged in or near the premises by any tenant, household member, or guest, or any such activity engaged in on the premises by any other person under the tenant’s control, pursuant to 24 CFR Section 5.858; or 5. A household member is illegally using…”
Matter of Mack v. NYCHA Red Hook W. Houses, 127 A.D.3d 1198 (N.Y. App. Div. 2015). “Here, substantial evidence was adduced at the hearing to support the conclusion of the New York City Housing Authority that the petitioner engaged in “drug-related criminal activity” in violation of the terms of his tenancy (see 42 USC §§ 1437d [1] [6]; 1437f [d] [1] [B] [iii];…”
Morales v. Dep't of Hous. Pres. & Dev., 83 A.D.3d 1075 (N.Y. App. Div. 2011). “Here, there was substantial evidence at the hearing to support the conclusion of the respondent Department of Housing Preservation and Development that the petitioner sold illegal drugs from her apartment in violation of the terms of her tenancy (see 42 USC § 1437d [1] [6]; §…”
CBM Grp., Inc. v. Llamas, 219 Cal. Rptr. 3d 683 (Cal. Super. Ct. 2017). “159, subdivision (d), which states that, "Borrowers may terminate tenancy for criminal activity or alcohol abuse by household members in accordance with the provisions of 24 CFR 5.858, 5.859, 5.860, and 5.861." Respondent contends that this provision allows the landlord to…”
One Eighteen Hous. Dev. Fund Inc. v. Smith, 56 Misc. 3d 383 (N.Y. City Civ. Ct. 2017). “Prior to final promulgation of 24 CFR 5.858 and 5.859, the Secretary of the Department of Housing and Urban Development responded to comments about the proposed rules.”
Camco v. Lowery (Ill. App. Ct. 2005). “24 C.F.R. § 5.858 (2005). Rucker addressed Ms.”
The CBM Grp. v. Llamas (Cal. Ct. App. 2017). “159, subdivision (d) only permits termination of a tenancy for criminal activity or alcohol abuse “in accordance with the provisions of 24 CFR 5.858, 5.859, 5.860, and 5.861.” Under Code of Federal Regulations, Title 24, section 5.”
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