Department of Housing and Urban Development v. Rucker, 535 U.S. 125 (2002)

Citation: Department of Housing and Urban Development v. Rucker, 535 U.S. 125 (2002)
Parent Document: Department of Housing and Urban Development v. Rucker, 535 U.S. 125 (2002)
Jurisdiction: United States (federal)
Effective Date: 2002-03-26
Original Source: https://www.courtlistener.com/opinion/118490/department-of-housing-and-urban-... ↗

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With drug dealers “increasingly imposing a reign of terror on public and other federally assisted low-income housing tenants,” Congress passed the Anti-Drug Abuse Act of 1988. § 5122, 102 Stat. 4301, 42 U. S. C. § 11901(3) (1994 ed.). The Act, as later amended, provides that each “public housing agency shall utilize leases which ... provide that any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other tenants or any drug-related criminal activity on or off such premises, engaged in by a public housing tenant, any member of the tenant’s household, or any guest or other person under the tenant’s control, shall be cause for termination of tenancy.” 42 U. S. C. § 1437d(Z)(6) (1994 ed., Supp. V). Petitioners say that this statute requires lease terms that allow a local public *128

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