24 C.F.R. § 5.861
What evidence of criminal activity must I have to evict?
You may terminate tenancy and evict the tenant through judicial action for criminal activity by a covered person in accordance with this subpart if you 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.
Notes of Decisions
Cited in 2
cases, 2010–2017 · leading case: Chateau Foghorn LP v. Hosford, 168 A.3d 824 (Md. 2017).
Chateau Foghorn LP v. Hosford, 168 A.3d 824 (Md. 2017). “Finally, 24 C.F.R. § 5.861 describes a landlord’s discretion to evict for criminal activity even in the absence of a conviction, and provides, *500 You may terminate tenancy and evict the tenant through judicial action for criminal activity by a covered person in accordance with…”
Cheryl Brown Giggers v. Memphis Hous. Auth. (Tenn. Ct. App. 2010). “In addition to the foregoing letter, on October 29, 2002, HUD issued NOTICE H2002- 22 to all Directors of PHAs in the United States, which Notice provides, in relevant part, as follows: TERMINATING TENANCY–LEASE PROVISIONS In accordance with the regulation at 24 C.F.R. 5.861,…”
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