24 C.F.R. § 5.859

When am I specifically authorized to evict other criminals?

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Threat to other residents. The lease must provide that the owner may terminate tenancy for any of the following types of criminal activity by a covered person:

(1) 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

(2) 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.

(b) Fugitive felon or parole violator. The lease must provide that you may terminate the tenancy during the term of the lease if a tenant is:

(1) Fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt 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

(2) Violating a condition of probation or parole imposed under Federal or State law.

Notes of Decisions

Cited in 5 cases, 2006–2018 · leading case: Scarborough v. Winn Residential L.L.P., 890 A.2d 249 (D.C. 2006).

Sort: Relevance Newest Treatment

Scarborough v. Winn Residential L.L.P., 890 A.2d 249 (D.C. 2006). “Thus, 24 C.F.R. § 5.859 (a)(1) implements 42 U.”

Ross v. Broadway Towers, Inc., 228 S.W.3d 113 (Tenn. Ct. App. 2007). · cites it 2× “24 C.F.R. § 5.859 (a). The federal regulations also provide that the property owner cannot terminate a lease except for several specifically listed causes, one of which is "[c]riminal activity by a covered person in accordance with" section 5.”

The CBM Grp. v. Llamas (Cal. Ct. App. 2017). “( 24 C.F.R. §§ 5.859 ; 5.860.) Thus, section 3560.”

Tamerlane & Tamerlane III Vs. Andrea Hollis (lt-001828-17, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018). “159 (d), "that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including property management staff residing on the premises)," 24 C.F.R. § 5.859 (a)(1). The lease, the summary eviction statute, and federal regulations permit…”

CBM Grp., Inc. v. Llamas, 219 Cal. Rptr. 3d 683 (Cal. Super. Ct. 2017). “( 24 C.F.R. §§ 5.859 ; 5.860.) Thus, section 3560.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.