Eviction for Criminal Activity. In deciding to evict for criminal activity, CMHA shall have discretion to consider all of the circumstances of the case, including the seriousness of the offense, the extent of participation by or awareness of family members, and the effects that the eviction would have both on family members not involved in the proscribed activity and on the family's neighbors. In appropriate cases, CMHA may permit continued occupancy by remaining family members and may impose a condition that family members who engaged in the proscribed activity will neither reside in nor visit the unit.
Eviction for Criminal Activity. (A) Landlord discretion to consider circumstances. In deciding to evict for criminal activity, the Landlord shall have discretion to consider all the circumstances, including the seriousness of the offense, the extent of participation by family members, and the effects that the eviction would have on family members not involved in the criminal activity. In appropriate cases, the Landlord may permit continued occupancy by remaining family members and may impose a condition that family members who engaged in the criminal activity will not reside or be present on the premises without permission of the Landlord. A Landlord may require a family member who has engaged in the illegal use of drugs to present evidence of successful completion of a treatment program as a condition to being allowed to reside on the premises.
Eviction for Criminal Activity. The Management Agent may evict you by judicial action for criminal activity outlined in portions of Section F regardless of whether such activity resulted in an arrest or conviction, and without satisfying the standard of proof used for a criminal conviction. In the event the Landlord provides you with a notice of termination for criminal activity outlined in portions of Section F as a result of criminal activity by another member of your household, a guest, or a person under your control, you may request in writing within 10 days of the notice, a meeting with the Landlord to discuss the notice. If you request a meeting in a timely manner, the Landlord will schedule a meeting with you, which shall occur within 10 days of your request. The Landlord will not file suit against you to terminate your Lease until after the date of the meeting. Notwithstanding the foregoing, if you fail to attend your meeting with the Landlord, the Landlord may commence eviction proceedings. You may be accompanied by a representative or attorney at your meeting with the Landlord. At the meeting, the Landlord may consider the following:
a. the seriousness of the offending action;
b. the extent of participation by you and other family members in the offending action;
c. the effects that the eviction would have on family members not involved in the offending activity;
d. the extent to which you have shown personal responsibility and have taken reasonable steps to prevent or mitigate the offending activity;
e. relevant history of your involvement within the West End development, including any involvement with the management and community life of the development; and
f. if the eviction is based upon illegal drug use or alcohol abuse by a household member, whether that household member provides evidence that he/she is no longer engaging in such use or abuse, or whether the household member is successfully participating in or has successfully completed a supervised drug or alcohol rehabilitation program. After the Landlord meets with you, the Landlord’s decision whether to continue eviction proceedings against you shall be made in the Landlord’s sole discretion.
Eviction for Criminal Activity. In deciding to evict for criminal activity, the Authority shall have discretion to consider all the circumstances, including the seriousness of the offense, the extent of participation by family member, and the effects that the eviction would have on family members, and the effects that the eviction would have on family members not involved in the criminal activity. In appropriate cases, the Authority may permit continued occupancy by remaining family members and may impose a condition that family members who engaged in the criminal activity will not reside or be present on the premises without the permission of the Authority. The Authority may require a family member who engaged in the illegal use of drugs to present evidence of successful completion of a treatment program as a condition to being allowed to reside on the premises.
Eviction for Criminal Activity
