Section 1437d

Citation: Section 1437d
Parent Document: Rucker v. Davis, 237 F.3d 1113 (2001)
Jurisdiction: United States (federal)
Effective Date: 2001-01-24
Original Source: https://www.courtlistener.com/opinion/7086389/rucker-v-davis/ ↗

Full Text

999 chars

The ignorant tenant eviction provision rationally addresses both of these concerns. The power to evict an unknowing tenant provides the PHA with a credible deterrent against criminal activity. To require proof of knowledge on the part of the tenant of the criminal activity of a guest is impractical. Proper authorities would seldom, if ever, discover the tenant seated with the drug using guest or while the latter engaged in other drug-related criminal acts. Absent this rare factual situation, the housing authority would be forced to rely on evidence consisting of hearsay, gossip and rumor. Moreover, the lengthy public housing eviction procedure permits a culpable tenant to intimidate or threaten potential witnesses. “When suspected drug dealers were notified that eviction proceedings against them had been started, they sought to punish tenants who might have identified them.” 134 Cong. Rec. E1965-02. These tactics against housing tenants have furthered the public housing drug epidemic.

Other Sections in This Document (190)

Full Text