Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 24 - Housing and Urban Development |
Subtitle A - Office of the Secretary, Department of Housing and Urban Development |
Part 5 - General HUD Program Requirements; Waivers |
Subpart I - Preventing Crime in Federally Assisted Housing - Denying Admission and Terminating Tenancy for Criminal Activity or Alcohol Abuse |
Terminating Tenancy |
§ 5.859 - When am I specifically authorized to evict other criminals?
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§ 5.859 When am I specifically authorized to evict other criminals?
(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.