Connie Burton v. Tampa Housing Authority, 271 F.3d 1274 (2001)

Citation: Connie Burton v. Tampa Housing Authority, 271 F.3d 1274 (2001)
Parent Document: Connie Burton v. Tampa Housing Authority, 271 F.3d 1274 (2001)
Jurisdiction: United States (federal)
Effective Date: 2001-11-07
Original Source: https://www.courtlistener.com/opinion/75678/connie-burton-v-tampa-housing-authority/ ↗

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        On March 14, 2000, following a trial and a conviction, Narada Burton was sentenced to
three years probation as a result of his felony conviction for his drug-related offense. He
continued to reside with Ms. Burton in her THA apartment after his arrest.
       3
        42 U.S.C. § 1437d(l)6) reads:
Each public housing agency shall utilize leases which–
(6) 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;
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         The relevant provision of the agreement reads:
Resident Obligations:
Resident agrees to be obligated as follows:
I. To assure that Residents, members of Resident’s household, guests (as defined herein) or other
person under Resident’s control, shall not: (i) engage in any criminal activity, that threatens the
health, safety or peaceful enjoyment of THA’s property by other residents of THA or employees
of THA; or (ii) drug-related criminal activity (as defined herein) upon or within two hundred
(200) feet of THA’s property, and such criminal activity shall be grounds for termination of this
Agreement. 3
granting of summary judgment for THA. III. Issues Raised on Appeal

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