PRP.7.6.090 Immediate Evictions

(a) A tenant may be immediately evicted by the Housing Authority, acting under its own authority, when the Housing Director or anyone he assigns determines by a preponderance of the evidence that either of the following exists:

(1) Drug Related Criminal or Nefarious Activity. In relation to Drug Related Criminal or Nefarious Activity, a tenant may be immediately evicted when Drug Related Criminal or Nefarious Activity engaged in on or near the dwelling by any tenant, household member, or guest, and any such activity engaged in on the dwelling by any other person under the tenant's control, or such activity engaged in by any tenant or household member within a Drug Free Public Housing Zone, as such activity poses an imminent or serious threat to the public health, safety, welfare of the community. (See 24 CFR § 5.858); or

(2) Interference with the Health, Safety, Welfare or Quiet Enjoyment. Any other activity/condition, that interferes with the health, safety, welfare or quiet enjoyment of the leased dwelling or the larger community (regardless of whether the activity/condition is criminal in nature or origin). This includes an activity/condition that poses an emergency, such as a fire or condition making the dwelling unsafe or uninhabitable (including Methamphetamine contamination). (See 24 CFR § 5.860)

(A) A determination by the Housing Authority to seek immediate eviction for non-drug related criminal activity shall not be limited to, but shall include the following conditions:

(i) Threat to other residents. All leases with the Housing Authority provide that it may terminate a tenancy for any of the following types of criminal activity by any tenant, household member, or guest, and any such activity engaged in on the dwelling by any other person under the tenant's control:

(I) Any criminal or nefarious activity that threatens the health, safety, welfare or quiet enjoyment of the dwelling by other residents (including Housing Authority staff).

(II) Any criminal or nefarious activity that threatens the health, safety, welfare, or quiet enjoyment of their dwellings by persons residing in the immediate vicinity of the dwelling or the larger community.

(ii) Fugitive felon or parole violator. All leases with the Housing Authority provide that it may terminate a tenancy during the term of a lease if a tenant is:

(I) Fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees, or that, in the case of New Jersey, is a high misdemeanor; or

(II) Violating a condition of probation or parole imposed under Federal or State Law. (See 24 CFR § 5.859)

(b) A tenant may be immediately evicted for criminal or nefarious activity when it falls under either of categories of concern noted above in Section PRP.7.6.090(a)(1) or (b), above. This can be done once the Housing Authority has determined that criminal or nefarious activity has been engaged in by any tenant, household member, or guest, and any such activity engaged in on the dwelling by any other person under the tenant's control, regardless of whether the person has been arrested or convicted for such activity and without satisfying a criminal conviction standard of proof of the activity. (See 24 CFR § 5.861)