Policy on for Criminal Activity Termination of Lease
Key Requirements under HUD's Model Leases
The lease includes language permitting the Housing Authority to terminate the lease for drug-related activity and criminal activity. This is the result of regulations effective June 25, 2001, for Screening and Eviction of Drug Abuse and Other Criminal Activity. For more information, refer to the lease and Chapter 8 for information regarding terminations.
14-24 Defined in the policy book concerning: Any Criminal Activity, Drug Abuse, Any type of Guns, Sex Offenders, Etc.: Criminal Activity - Housing Authority may terminate tenancy for any of the following types of criminal activity by a covered person (a tenant, household member, guest, or other person under the tenant's control):
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
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
Note: Housing Authority may terminate tenancy and evict tenants for criminal activity by a covered person if they 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.
Housing Authority may terminate tenancy during the term of the lease if a tenant is:
Fleeing to avoid prosecution, or custody or confinement after conviction for a crime, or attempting 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 Louisiana, is a high misdemeanor; or
Violating a condition of probation or parole imposed under federal or state law.