One strike eviction is a legal policy that allows for the immediate eviction of all tenants in a public housing unit if any household member is convicted of drug-related offenses, particularly drug dealing. This policy aims to maintain safety and order within public housing communities by holding entire households accountable for the actions of individual members.
This term is primarily used in the context of public housing law. It falls under the realm of civil law, specifically concerning landlord-tenant relationships and housing regulations. The one strike eviction policy is enforced by public housing authorities and is designed to deter criminal activity in housing developments. Users may find relevant legal forms and templates on platforms like US Legal Forms to help navigate eviction processes or respond to eviction notices.
Here are a couple of examples of abatement:
Example 1: A family living in a public housing unit faces eviction after one of the adult children is arrested and convicted for selling drugs. As a result, the entire family must vacate the premises.
Example 2: A tenant is evicted from their apartment after a guest is found dealing drugs on the property, leading to the enforcement of the one strike eviction policy. (hypothetical example)
The primary statute governing one strike eviction is found in the federal law, 42 U.S.C. § 1437d (l)(6). This law outlines the authority of public housing authorities to evict tenants based on criminal activity associated with the tenant or their household members.
| State | Key Differences |
|---|---|
| California | California has additional protections for tenants regarding the eviction process, requiring specific notice periods. |
| New York | New York law may provide more stringent requirements for proving criminal activity before eviction can occur. |
| Texas | Texas allows landlords to pursue eviction based on criminal activity but may have different procedural requirements. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Eviction | The legal process of removing a tenant from rental property. | One strike eviction specifically applies to public housing and is triggered by criminal activity. |
| Lease Termination | The ending of a lease agreement by either party. | One strike eviction is a specific action taken due to criminal behavior, while lease termination can occur for various reasons. |
If you find yourself facing a one strike eviction, consider the following steps:
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