24 CFR 5.858 - What authority do I have to evict drug criminals?

Cite as24 CFR 5.858
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16 practice notes
  • Multi-family housing programs: Direct multi-family housing loans and grants,
    • United States
    • Federal Register November 26, 2004
    • November 26, 2004
    ...activity. 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 Sec. 3560.160 Tenant grievances. (a) General. (1) The requirements established in this section are designed to ensure th......
  • Part IV
    • United States
    • Federal Register October 13, 2005
    • October 13, 2005
    ...interfere with other residents' health, safety, or right to reasonable enjoyment of the premises of assisted housing. See, for example, 24 CFR 5.858 and Section 983.57 The NPRM proposed at Sec. 983.57(b)(1) that a proposed site for project-based assistance be ``consistent with the goal of d......
  • Public and Indian housing: Project-Based Voucher Program,
    • United States
    • Federal Register October 13, 2005
    • October 13, 2005
    ...interfere with other residents' health, safety, or right to reasonable enjoyment of the premises of assisted housing. See, for example, 24 CFR 5.858 and Section 983.57 The NPRM proposed at Sec. 983.57(b)(1) that a proposed site for project-based assistance be ``consistent with the goal of d......
  • Part II
    • United States
    • Federal Register November 26, 2004
    • November 26, 2004
    ...activity. 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 Sec. 3560.160 Tenant grievances. (a) General. (1) The requirements established in this section are designed to ensure th......
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10 cases
  • Camco, Inc. v. Lowery, No. 1-03-0144.
    • United States
    • Supreme Court of Illinois
    • November 18, 2005
    ...152 L.Ed.2d at 269. Finally, Ms. Lowery argues that Camco failed to draft a lease containing only the regulatory language of section 24 C.F.R. § 5.858 (2005) and should be required to show that she had knowledge of A.L.'s drug-related criminal activity because the lease contained additional......
  • Chateau Foghorn LP v. Hosford, No. 73, Sept. Term, 2016.
    • United States
    • Maryland Court of Special Appeals
    • August 28, 2017
    ...steps to prevent or mitigate the offending action; and(7) The effect of the responsible entity's action on the integrity of the program.24 C.F.R. § 5.858 implements the mandatory lease requirement stated in 42 U.S.C. § 1437f as to drug-related criminal activity, and provides,The lease must ......
  • Hosford v. Chateau Foghorn LP, No. 852
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 2016
    ...a court to exercise its discretion before ordering eviction in a § 8–402.1 action. Id.229 Md.App. 514(B) 42 U.S.C. § 1437f and 24 C.F.R. § 5.858The federal statute in question is 42 U.S.C. § 1437f, which pertains to Section 8 project-based programs (such as Ruscombe Gardens). Section 1437f(......
  • Chateau Foghorn LP v. Hosford, No. 73
    • United States
    • Court of Special Appeals of Maryland
    • August 28, 2017
    ...second clause in subsection d., Foghorn argues that HUD intended to preempt state laws that are incongruent with 42 U.S.C. § 1437f and 24 C.F.R. § 5.858 because subsection d. explicitly references the preemption of state laws. However, . . . HUD's example of an "action of the United States"......
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1 books & journal articles
  • SC Lawyer, July 2007, #5. Public Interest Issues for the Private Practitioner.
    • United States
    • South Carolina Bar Journal Nbr. 2007, January 2007
    • January 1, 2007
    ...Housing Program, the same criminal activities are grounds for termination of the lease and eviction. 24 C.F.R. § 983.257(a) (2006); 24 C.F.R. § 5.858 (2006); 24 C.F.R. § 5.859 (2006). Other criminal activity, including committing violent crimes, being a fugitive felon or violating the terms......

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