• ABA Criminal Justice Standards
  • Evictions for Illegal Activities
    • Civil eviction proceedings based on illegal activity are on the rise. In New York, a number of statutes allow for eviction proceedings to be commenced by landlords, law enforcement agencies and even neighbors. Those statutes most commonly invoked are RPL § 231(1), RPAPL § 711(5), and RPAPL § 715.
  • NYCHA Termination of Tenancy Proceedures
    • From NYCHA, this memo details the grounds, proceedures and remedies related to their termination proceedings.
  • Public Housing Authority Tenant Selection Criteria – 24 CFR 960.203
    • The official public housing authority selection criteria as set forth in 24 C.F.R. Sec. 960.203 – Standards for PHA tenant selection criteria. Revised as of April 1, 2005. Also icludes “factors which might indicate a reasonable probability of favorable future conduct.” – 24 C.F.R. 960.203 (d) (1).
  • QHWRA – summary
    • This is a summary of the Quality Housing and Work Rehabilitation Act of 1998. QHWRA codifies the “One Strike” policy that denies admission to a family if any person who is expected to be a member of the household has a criminal conviction and a prescribed period of time after the conviction has not elapsed, or if any member of the household has engaged in other specified behaviors regardless of whether that behavior resulted in criminal charges or conviction.
  • Where denail of admission to public housing authority required – 24 CFR 960.204
    • Circumstances where denial of admission to public housing authority is required:
      • Persons evicted for drug-related criminal activity
      • Persons engaging in illegal use of a drug
      • Persons convicted of methamphetamine production
      • Persons subject to sex offender registration requirement
      • Reasonable cause to believe that a household member’s abuse or pattern of abuse of alcohol may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents.

      Note the time limits and mitigating factors that may apply to the above.

      In the screening of applicants, the PHA must perform necessary criminal history background checks in the state where the housing is located and in other states where household members are known to have resided. 24 CFR 960.204 (a)(4)

      Note also that “before a PHA denies admission to the PHAs public housing program on the basis of a criminal record, the PHA must notify the household of the proposed action to be based on the information and must provide the subject of the record and the applicant with a copy of the criminal record and an opportunity to dispute the accuracy and relevance of that record.” 24 CFR 960.204 (a)(4)(c)

      Moreover, the PHA may not pass along to the applicant the costs of a criminal records check. 24 CFR 960.204 (a)(4)(d).