PHAs can deny applicants for admission for objective and reasonable reasons, but must still comply with fair housing and civil rights laws. If an applicant is rejected, the PHA must give the applicant written notification of the factual grounds for the denial and of the right to an informal hearing to contest the denial.1  This notification must contain enough detail so that the applicant can understand the reasons for the denial. If the denial is based on criminal activity, the PHA must provide the applicant with a copy the information the PHA used to determine that the criminal activity took place.2  

The informal hearing must be before a person other than the individual who made the decision to reject the applicant. This type of hearing is not governed by the PHA’s grievance procedure.3

• 124 C.F.R. § 960.208(a).
• 224 C.F.R. § 960.204(c).
• 324 C.F.R. § 960.208(a).

A criminal record or activity may be grounds for denial of admission to public housing. Federal regulations provide that a history of criminal activity involving crimes of physical violence and other criminal acts may be used to reject an applicant. If a PHA receives unfavorable information with respect to an applicant, it must consider the time, nature, and extent of the applicant’s conduct as well as factors that might indicate a reasonable probability of favorable future conduct such as evidence of rehabilitation, the family’s willingness to participate in social services or other appropriate counseling programs, and the family’s willingness to increase family income.1  When contesting whether a criminal conviction should be grounds for denying admission, be sure to bring to the informal hearing any evidence of mitigating factors such as certificates of completion of a drug rehabilitation or recovery program or letters from probation or parole officers, employers, ministers, etc. Blanket criminal background screening policies may also violate the Fair Housing Act.2

HUD policies in the last decade favor giving ex-offenders greater opportunity to access public housing. In June 2011, HUD Secretary Shaun Donovan issued a letter to all PHAs encouraging them to allow ex-offenders to rejoin their families when possible.3  A November 2015 program letter affirmed that HUD does not require public housing providers to adopt “one strike” policies and that an arrest is not sufficient evidence of criminal activity to support either denying admission or terminating assistance.4  In addition, HUD guidance issued in 2016 and 2022 spells out how admissions policies that exclude people with criminal records may violate the Fair Housing Act.5  Nevertheless, PHAs must deny admission to applicants currently illegally using drugs,6  as well as those who have been convicted of the production of methamphetamines or who are on the lifetime sex offender list.7

Although arrests or arrest records are insufficient to deny admission, they can be used as evidence that the arrestee engaged in criminal activity.8  When determining whether a person who was arrested for disqualifying criminal activity actually engaged in that activity, PHAs may consider, among other things: police reports that detail the circumstances of the arrest; statements made by witnesses or by the applicant or tenant that are not part of the police report; whether formal criminal charges were filed; whether any charges were ultimately withdrawn, abandoned, dismissed, or resulted in an acquittal; and any other relevant evidence.9

The Housing Authority of New Orleans (HANO) has a progressive criminal background screening policy that limits automatic denial to applicants who have been convicted of production of methamphetamines or are on the lifetime sex offender list. Other applicants are sent through a further review process based on the nature of the criminal conviction and the time since it occurred. As part of this process, applicants can provide evidence of the facts and circumstances surrounding the conviction, evidence of good tenant and employment history, and evidence of rehabilitation and community support. No applications will be denied based on arrest alone. This policy also applies to some but not all privately-controlled public housing properties.

Any private third-party public housing provider that also receives a Low-Income Housing Tax Credit (LIHTC) subsidy must comply with the Louisiana Housing Corporation criminal background screening policy for LIHTC recipients.10

• 124 C.F.R. § 960.205(3)(d).
• 2For further discussion, see Section 1.3 of this manual's chapter on Louisiana landlord-tenant law.
• 3See Letter from Shaun Donovan, Sec’y of U.S. Dep’t of Hous. & Urb. Dev., & Sandra B. Henriquez, Assistant Sec’y for Pub. & Indian Hous., to PHA Exec. Dirs. (June 17, 2011).
• 4U.S. Dep’t of Hous. & Urb. Dev., Guidance for Public Housing Agencies (PHAs) and Owners of Federally-Assisted Housing on Excluding the Use of Arrest Records in Housing Decisions: FAQs for Notice PIH 2015-19/H 2015-10 (2015).
• 5U.S. Dep’t of Hous. & Urb. Dev., Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions (April 4, 2016); U.S. Dep’t of Hous. & Urb. Dev., Implementation of the Office of General Counsel’s Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions (June 10, 2022).
• 624 C.F.R. § 960.204(a)(2). But see Cease v. Hous. Auth. of Indiana Cnty., 247 A.3d 57 (Pa. Commw. Ct. 2021) (holding that county housing authority was not required by the federal Quality Housing and Work Responsibility Act (QHWRA) to deny benefits based on marijuana use when the applicant was legally prescribed medical marijuana under state law, despite marijuana being illegal under federal law, and that the housing authority was only required to set “fair and reasonable” standards for denying applicants based on such use).
• 724 C.F.R. § 960.204(a)(3)–(4).
• 8U.S. Dep’t of Hous. & Urb. Dev., Guidance for Public Housing Agencies (PHAs) and Owners of Federally-Assisted Housing on Excluding the Use of Arrest Records in Housing Decisions: FAQs for Notice PIH 2015-19/H 2015-10 (2015).
• 9Id.
• 10See La. Hous. Corp., Low-Income Housing Tax Credit Program Compliance Manual app. B.1 (Dec. 2022).

Federal law requires PHAs to reject applicants who have been evicted from federally funded housing programs for drug-related criminal activity for a 3-year period following the date of such an eviction. There are two exceptions: a) the evicted household member has completed a rehabilitation program; or b) the circumstances leading to the eviction no longer exist (e.g., the household member whose conduct led to the eviction has died or is in prison).1  PHAs may extend the 3-year ban at their discretion. Negotiating a consent judgment rather than a judgment of eviction may help prevent future negative repercussions under this provision.2

• 124 C.F.R. § 960.204(a)(1).
• 2Note that a PHA’s reliance on the judgment as conclusive proof of drug-related criminal activity constitutes offensive collateral estoppel by a non-party. Such an extreme use of preclusion is unsupported by Louisiana precedent. See Alonzo v. State, 2002-0527, p. 9 (La. App. 4 Cir. 9/8/04); 884 So. 2d 634, 639.

PHAs will often reject applicants who owe debts to the PHA. In Louisiana, actions to collect rent or debts on an open account have a 3-year prescriptive period.1  If an applicant formerly lived in public or Section 8 housing and has a debt older than 3 years, the debt has prescribed and cannot serve as a valid basis for rejection.

PHAs (sometimes) and private third-party operators (often) will report debts against former tenants that include contested damages and other charges. To tackle this issue, the tenant may present evidence to the new PHA that the charges are invalid, challenge the charges directly with the previous PHA, contest the charges through a dispute with the credit reporting agency, or even sue to reduce or settle the reported debt. Note that PHAs report debts to the PIH Information Center (PIC) in addition to traditional credit reporting agencies. Other PHAs can see the debt through the PIC system.

• 1La. C.C. art. 3494.

Under the Fair Housing Amendments Act, § 504 of the Rehabilitation Act, and the Americans with Disabilities Act, public housing providers must consider reasonable accommodation requests for admission if an applicant with a disability is denied admission for a reason related to the applicant’s disability.1  

• 1For further discussion, see Section 13.5.2 of this manual's chapter on landlord-tenant law.

Under the Violence Against Women Act, PHAs may not use an individual’s status as a survivor of domestic violence, dating violence, sexual assault, or stalking as a basis to deny admission to public housing.1  Similarly, a denial may not be based on any incident or activity related to domestic violence, dating violence, sexual assault, or stalking. This may include adverse factors such as a poor rental or credit history that is a direct result of being a survivor.2

• 124 C.F.R. § 5.2005(b); see also Section 1.7 of this manual's chapter on landlord-tenant law.
• 2Violence Against Women Reauthorization Act of 2013: Implementation in HUD Housing Programs, 81 Fed. Reg. 80,724, 80,728­–29 (Nov. 16, 2016).

Until changes were made to federal law, a public housing tenant’s rent was 30% of the tenant’s annual adjusted income. “Annual income” for federal housing programs is defined at 24 C.F.R. § 5.609. Most public housing tenants are still charged rent based on 30% of their income.

Although rent may be reduced if a tenant’s income decreases, a reduction is not allowed if the income loss is due to welfare work sanctions. A rent reduction may not be withheld until the welfare department notifies the PHA in writing that the loss of income was due to work sanctions and until the tenant has a chance for a grievance. If the loss of welfare arises from the exhaustion of time limits or occurs because the tenant could not find a job despite compliance with the welfare agency’s requirements, the tenant must be allowed the rent reduction.1  A tenant may also request an exemption to minimum rent if one is applicable.

When computing rent, you should closely scrutinize the deductions and exclusions at 24 C.F.R. §§ 5.603–.634 (especially sections 5.609 and 5.611). Check to see if the PHA gave the proper credits or deductions for medical expenses; childcare expenses; allowances for elderly, disabled, or minor family members; training income; and earned income exclusions. Because there are so many deductions and exclusions and HUD knows PHAs make many mistakes, there is a movement to change the way rents are calculated. This movement is called “Rent Simplification.”

Under the current rent rules, a public housing tenant’s rent is calculated in the following way:

STEP 1— Compute all non-exempt income for the entire family for the year to get annual income.

STEP 2 — Subtract all eligible deductions for the family to get adjusted income.

STEP 3 — Divide the adjusted income figure by 12 to get a monthly adjusted income.

STEP 4 — Multiply the monthly adjusted income by 30% if the family pays income-based rent.

This is how much the family pays for its share of rent if the family does not pay its own utilities. If the family pays for its own utilities, go to STEP 5:

STEP 5 — Subtract the utility allowance that the PHA uses for the family’s bedroom size and utility type from the number in STEP 4.2

It can be very costly for a low-income tenant whose rent is not calculated correctly. The most commonly missed deductions are for childcare and medical expenses.

• 142 U.S.C. § 1437j(d)(2).
• 2See Haywood v. Chi. Hous. Auth., 212 F. Supp. 3d 735 (N.D. Ill. 2016) (holding that an applicant had a private right of action to challenge a public housing authority’s determination that an applicant cannot fully deduct utility payments made to a third-party provider from the rent computation).

Childcare expenses may be deducted from a tenant’s annual income if the childcare is needed so that a member of the household can work. Even if there are other members of the household available to watch the child, this deduction can still be taken. Receipts or other documentation from the childcare provider may be requested. Check your local PHA’s administrative plan any documentation requirements.

For example, suppose that Mary is a public housing tenant making $800 per month at her minimum wage job. She lives in a unit where she does not pay for any of her own utilities. She has two children ages 3 and 6. She pays childcare expenses of $75 per week.

Rent computed without the childcare expense deduction:

Annual Income:	$800 x 12 =	$9,600
Minor Deductions:	$480 x 2 =	$960
Adjusted Income:	$9,600 - $960 =	$8,640
Adjusted Monthly Income (AMI):	$8,640 / 12 =	$720
Rent at 30% of AMI:	$720 x .30 =	$216

Rent computed with the childcare expense deduction saves Mary $97 per month:

Annual Income:	$800 x 12 =	$9,600
Minor Deductions:	$480 x 2 =	$960
Childcare Deductions:	$75 x 52 =	$3,900
Adjusted Income:	$9,600 - $960 - $3,900 =	$4,740
Adjusted Monthly Income (AMI):	$4,740 / 12 =	$395
Rent at 30% of AMI:	$395 x .30 =	$119

Families are eligible for a medical expense exclusion from their annual income, and a medical expense deduction from their adjusted annual income. It is important to remember the difference between these two provisions.

The exclusion states that money received specifically for, or in reimbursement of, medical expenses are excluded from annual income.1

After annual income is calculated, the medical expense deduction only applies if the annual expected medical expenses exceed 3% of the tenant’s annual income. The deduction is the difference between the expenses and 3% of the annual income.2  Note that on January 1, 2024 certain changes go into effect pursuant to the Housing Opportunity Through Modernization Act (HOTMA). 24 CFR 5.611 will be changed to raise the threshold for the medical expense deduction to 10%. This change will be phased in over time.

For example, suppose that Mary is a grandmother with disabilities raising two minor grandchildren in public housing. Her income is $862 per month in disability benefits. Over the next year, she projects to have unreimbursed medical expenses of approximately $200 per month for doctor co-pays, prescription copays, medical transportation, and health insurance (for which over $100 a month is often withheld from Social Security payments).

Rent computed without the medical expense deduction:

Annual Income:                                    $862 x 12 = $10,344

Disability Deduction:                           $400

Minor Deductions:                               $480 x 2 = $960

Adjusted Income:                                 $10,344 - $400 - $480 = $8984

Adjusted Monthly Income (AMI):    $5384/12 = $749

Rent at 30% of AMI:                            $449 x .30 = $225

Rent computed with the medical expense deduction:

Annual Income:                                   $862 x 12 = $10,344

Disability Deduction:                         $400

Minor Deductions:                             $480 x 2 = $960

Medical Expenses:                              $200 x 12 = $2400

3% of Gross Income:                          $10,344 x .03 = $310

Medical Deduction:                            $2400 - $310 = $2,090

Adjusted Income:                                $10,344 - $400 - $480 - $2,090 = $7,374

Adjusted Monthly Income (AMI):    $7,374/12 = $614.50  

Rent at 30% of AMI:                            $614.50 x .30 = $184.35

• 124 C.F.R. § 5.609(c)(4).
• 224 C.F.R. § 5.611(a)(3).

Changes to federal law now allow rents to be set at levels other than the traditional 30% of adjusted income. The law requires PHAs to impose minimum rents of up to $50 per month. Hardship exemptions are allowed; grounds include a household’s inability to pay the minimum rent due to a loss of government assistance, a household’s facing eviction due to an inability to pay the minimum rent, and other reasons as determined by the PHA.

PHAs are required to notify households of the possible exemptions and to suspend charging minimum rents to households that request an exemption. If there is long-term (i.e., over 90 days) hardship, an exemption should be granted. If the hardship is only temporary, the PHA should offer the tenant a reasonable repayment plan for any suspended rents or missed payments.1

PHAs can also opt to charge a rent based upon the “rental value” of the unit instead of the tenant’s income. This type of rent is called a “flat rent.” A tenant is given an annual choice to either pay a flat rent or an income-based rent. PHAs must advise tenants in writing of the amount of the income-based rent and the flat rent. If a flat rent is chosen and the resident has a loss of income, the resident can request a switch to income-based rent.2  Tenants paying a flat rent cannot receive a utility allowance.3

• 142 U.S.C. § 1437a(a)(3); 24 C.F.R. § 5.630.
• 224 C.F.R. § 960.253(f).
• 324 C.F.R. § 960.253.

A public housing tenant’s income is recertified annually at which time rent is also recalculated. If a tenant’s income changes between annual recertifications, the tenant typically must report this to the PHA within 10 days of the change. At that point an interim recertification may take place. If the change decreases the household income, the reduced rent becomes effective the next calendar month. So, if a decrease is reported in May, the new rent is effective in June. If the change increases household income, the change in rent becomes effective two months later. So, if the increase is reported in May, the new tenant portion is effective in July.

Public housing residents are currently entitled to an earned income disallowance (also known as an earned income disregard) in certain instances where they begin working after a year of functional unemployment. During the first year of having earned income, their income is completely excluded. During the second year, 50% of their earned income is excluded.1

Note that on January 1, 2024, certain changes go into effect pursuant to the Housing Opportunity Through Modernization Act (HOTMA). Under the new rules, PHAs are only required to conduct interim reexaminations if income change will cause the family’s adjusted annual income to increase or decrease by 10%. PHAs may not consider any increase in the earned income of a family between annual reexaminations, except that the PHA may establish a written policy allowing it to consider increases in earned income if the PHA has previously processed an interim reexamination for a decrease.2  Also note that the earned income disallowance described above is being phased out from 2024-2030 under HOTMA. The change will be reflected in the new version of 24 C.F.R. § 960.255 that takes effect January 1, 2024.

• 124 C.F.R. § 960.255.
• 224 C.F.R. § 960.257(b).

A public housing tenant may only be evicted for serious or repeated lease violations, being over income for the program, or “other good cause.”1  Good cause is always required to evict or to refuse to renew a lease except when a tenant refuses to comply with Community Service Work requirements.2  Criminal activity, drug-related activity, and the illegal use of drugs or abuse of alcohol may also be grounds for eviction.

• 124 C.F.R. § 966.4(l).
• 242 U.S.C. § 1437d(l)(1); 24 C.F.R. § 966.4(l)(2).

In order to evict, a PHA must give written notice as required by state and federal law.1   In the case of nonpayment of rent, 14-day notice is typically required.2  However, as of November 8, 2021 and until rescinded by HUD, 30 days’ notice is required for eviction for nonpayment of rent from public housing, and the notice must include information about available rental assistance.3

A reasonable time not to exceed 30 days is required if the health or safety of other residents, PHA employees, or persons residing in the immediate vicinity of the premises is threatened; if a household member has engaged in drug-related or violent criminal activity; or if a household member has been convicted of a felony. In all other cases, 30 days is required unless state law allows for a shorter period.4  In Louisiana, this means that eviction proceedings against a public housing tenant for any violation other than nonpayment of rent could be instituted upon a 5-day notice to vacate.5  Any notice of lease termination required by state law may be combined with or run concurrently with the PHA’s notice of lease termination.

The notice must be served by delivering a copy to an adult member of the household residing in the dwelling or by prepaid first-class mail properly addressed to the tenant.6  Service by tacking of a notice of lease termination to a public housing tenant could be challenged as inadequate notice and a violation of due process.7

The notice must state the specific grounds for lease termination with enough detail for the tenant to understand the reason for eviction and must inform the tenant of the right to make a reply, the right to examine PHA documents, the right to a grievance hearing if applicable, and the right to representation. When a PHA is not required to have a grievance hearing, such as in certain criminal or drug-related evictions, the PHA must nevertheless: advise the tenant whether the eviction is for criminal activity or drug-related activity; advise the tenant of the specific judicial procedure to be used by the PHA for eviction; and state that HUD has determined that such procedure complies with due process.8

HUD regulations further provide that in deciding whether to evict for criminal or drug-related activity, a PHA still has discretion not to evict after considering all of the circumstances of the case, such as the seriousness of the offense, the extent of participation by the leaseholder in the offense, the effects of an eviction on those not involved in the offending activity, and the steps the family has taken to accept personal responsibility and to prevent the activity from occurring in the future.9  A PHA may also allow continued occupancy for certain family members provided that those family members who engaged in the proscribed criminal activity are no longer allowed in the unit.

After the notice period, the PHA must file a rule for possession in the appropriate court.10  At the eviction hearing, the PHA must prove the existence of a lease and of the violation by a preponderance of the evidence. Prior to trial, you should request and review the tenant’s folder, subpoena documents and witnesses as necessary, file a verified answer with any applicable affirmative defense, file a supporting memorandum, and take advantage of the grievance process if available.11  In the case of an eviction for criminal activity, an advocate should check the criminal case as charges are frequently dropped or not prosecuted or the party charged with criminal activity may have been acquitted. Even though these circumstances make it unlikely that a PHA can prove its case, a PHA will often continue to proceed with the eviction.

• 1Thorpe v. Hous. Auth. of City of Durham, 393 U.S. 268 (1969).
• 224 C.F.R. 966.4(l)(3).
• 324 C.F.R. § 966.8; Supplemental Guidance to the Interim Final Rule “Extension of Time and Required Disclosures for Notification of Nonpayment of Rent", Notice PIH 2021-29, H 2021-06 (Oct. 7, 2021).
• 442 U.S.C. § 1437d(l)(4); 24 C.F.R. § 966.4(l)(3).
• 5On the notice required in Louisiana landlord-tenant law, see Section 3.2 of this manual's chapter on landlord-tenant law.
• 624 C.F.R. § 966.4(k)(1)(I).
• 7For further discussion of defending an eviction where notice was provided by tacking, see Section 3.3 of this manual's chapter on landlord-tenant law.
• 824 C.F.R. § 966.4(l)(3)(v).
• 924 C.F.R. § 966.4(l)(5)(vii)(B).
• 1024 C.F.R.§ 966.4(l)(4).
• 11Hous. Auth. of New Orleans v. Haynes, 2014-1349, p. 5 (La. App. 4 Cir. 05/13/15), 172 So. 3d 91, 94 (public housing provider improperly classified eviction as “one strike” and denied grievance prior to filing eviction).

PHAs have been directed by Congress to use leases that allow for “one-strike” evictions for criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other tenants, violent or drug-related criminal activity on or off the premises, and criminal activity resulting in a felony conviction.1  To be grounds for eviction, criminal activity must threaten other tenants’ wellbeing, but drug-related criminal activity does not have to do so. The criminal or drug-related activity must have been engaged in by the “public housing tenant, any member of the tenant’s household, or any guest or other person under the tenant’s control.”2  If the PHA has decided to exclude “one strike” criminal activity from the grievance process, tenants are not entitled to use that process to contest such evictions.3  Advocates should be aware that public housing providers often try to fit allegations that do not qualify under the specific criteria laid out above into the “one strike” grievance exception.

PHAs must also provide in their leases that tenancies can be terminated if a member of the household is fleeing from a felony prosecution or conviction or is violating probation or parole.4  However, a tenant cannot be evicted for a guest’s criminal activity if it occurred prior to the tenant’s current lease term5  or if the alleged criminal activity constitutes domestic violence and the tenant was the victim.6

LSC-funded attorneys may not represent in a public housing eviction a person convicted of or charged with certain drug crimes if the criminal activity threatens the health or safety of public housing residents or employees.7  However, such attorneys may represent an individual facing eviction because a family member was convicted of or charged with a drug crime.

To evict on grounds of criminal activity, the PHA must prove that the activity occurred. Although a conviction is not required, if the PHA seeks to prove the criminal activity with evidence of a conviction, the PHA must provide the tenant with a copy of the criminal record in advance of the grievance hearing or court trial.8  An arrest is not itself evidence of criminal activity,9  but evidence that led to the arrest may be used to establish that criminal conduct occurred. Some courts have even granted one-strike evictions when there was no arrest. However, a police report alone does not satisfy the PHA’s evidentiary burden.10

HUD regulations include as good cause for eviction criminal or other activity that threatens the health or safety of people who reside in the immediate vicinity of the premises, even those who are not public housing residents.11  This appears contrary to the controlling statutory language, except with respect to drug-related criminal activity. Under the statute, criminal activity is grounds for eviction only if it threatens the “health, safety or right to peaceful enjoyment of the premises by other tenants.”12  Given this language, it does not appear that Congress intended to protect non-public housing residents residing in the immediate vicinity of the premises.

Drug or alcohol use even in the absence of criminal activity may also be grounds for eviction. PHA leases must provide that the tenancy may be terminated for any household with a member who is illegally using a controlled substance or whose illegal use of a controlled substance or abuse of alcohol interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents.13  If the household member is no longer engaging in the illegal use of a controlled substance or abuse of alcohol, the PHA may factor into its decision the household member’s participation in or completion of a supervised drug- or alcohol-rehabilitation program or other evidence of rehabilitation.14  Past use of drugs and alcohol may be considered a disability under fair housing laws.

The United States Supreme Court has ruled that lease provisions allowing eviction for criminal activity are constitutional and that there is no requirement that a tenant have knowledge of the alleged activity for it to be a lease violation.15  Nevertheless, the Court did not hold that eviction is mandatory in this situation. After this ruling, HUD issued two letters to all PHAs informing them that PHAs are not required to evict in these circumstances. According to HUD, “such evictions often do more harm than good,” and “eviction should be a last resort.”16  HUD’s regulation provides:

In a manner consistent with such policies, procedures, and practices, the PHA may consider all circumstances relevant to a particular case such as the seriousness of the offending action, the extent of participation by the leaseholder in the offending action, the effects that the eviction would have on family members not involved in the offending activity, and the extent to which the leaseholder has shown personal responsibility and has taken all reasonable steps to prevent or mitigate the offending action. The PHA may require a tenant to exclude a household member in order to continue to reside in the unit where that household member has participated in or been culpable for action or failure to act that warrants termination.17

This equitable approach is supported by the legislative history of the 1990 amendments to this statute in the Cranston-Gonzales Affordable Housing Act. For example, the accompanying Senate Report specified that criminal activity is grounds for eviction of public housing residents only if eviction is appropriate in light of all the facts and circumstances. The report states that each case should be judged on its merits, with the exercise of wise and humane judgment by the PHA and the eviction court. The report gives as an example of an inappropriate eviction one in which the tenant had no knowledge of guests’ criminal activity or had taken reasonable steps to prevent it.18

• 142 U.S.C. § 1437d(k).
• 242 U.S.C. § 1437d(l)(6); see Hous. Auth. of New Orleans v. Green, 94-CV-1650 (La. App. 4th Cir. 1995), 657 So. 2d 552.
• 324 C.F.R. § 966.51(2)(a).
• 442 U.S.C. § 1437d(l)(9); 24 C.F.R. § 966.4(l)(5)(ii)(B).
• 5Wellston Hous. Auth. v. Murphy, No. ED 83156, 2004 WL 555610 (Mo. Ct. App. Mar. 23, 2004); see also Boston Hous. Auth. v. Bruno, 790 N.E.2d 1121 (Mass. Ct. App. 2003) (holding that a PHA cannot shift on appeal to a theory that the offender was a guest after losing on its claim that the offender was a member of the household).
• 6La. R.S. 40:506(D); see also 34 U.S.C. § 12491(b)(3).
• 745 C.F.R. § 1633.
• 824 C.F.R. § 966.4(l)(5)(iv).
• 9United States v. Johnson, 648 F.3d 273 (5th Cir. 2011); United States v. Labarbera, 581 F.2d 107 (5th Cir. 1978); Landers v. Chi. Hous. Auth., 936 N.E.2d 735 (Ill. App. Ct. 2010); Bratcher v. Hous. Auth. of City of Milwaukee, 787 N.W.2d 418 (Wis. Ct. App. 2010); Pratt v. Hous. Auth. for City of Camden, No. 05-0544(NLH), 2006 WL 2792784 (D.N.J. Sept. 27, 2006).
• 10La. C.E. art. 803(8)(b)(i), (iv) (police reports inadmissible); Hous. Auth. of New Orleans v. King, 2012-1372, p. 5 (La. App. 4 Cir. 06/12/13), 119 So. 3d 839, 842 (eviction that relied on inadmissible police report was reversed); State v. Robinson, 02-1253 (La. App. 5 Cir. 4/8/03), 846 So. 2d 76, 84; Deville v. Aetna Ins. Co., 191 So. 2d 324, 328 (La. App. 3 Cir. 1966); see also State v. Cockerham, 522 So. 2d 1245, 1247 (La. App. 4 Cir. 1988).
• 1124 C.F.R. § 966.4(l)(2)(iii)(A).
• 1242 U.S.C. § 1437d(l)(6) (emphasis added).
• 13See 42 U.S.C. § 13662; 24 C.F.R. § 966.4(l)(5)(vi).
• 1424 C.F.R. § 966.4(l)(5)(vi).
• 15U.S. Dep’t of Hous. & Urb. Dev. v. Rucker, 535 U.S. 125 (2002).
• 16Letter from Mel Martinez, Sec’y of U.S. Dep’t of Hou. & Urb. Dev., to Pub. Hous. Dirs. (April 16, 2002), https://www.nhlp.org/wp-content/uploads/Ltr-from-Mel-Martinez-HUD-Secy-to-Pub-Hous-Dirs-Apr.-16-2002-1.pdf; see also Letter from Micheal M. Liu, Assistant Sec’y of U.S. Dep’t of Hous. & Urb. Dev., to Pub. Hous. Dirs. (June 6, 2002).
• 1724 C.F.R. § 966.4(l)(5)(vii)(B).
• 18S. Rep. No. 101-316 (1990).

When assisting a public housing tenant facing eviction, request a meeting with the PHA’s legal or other representative. Often, these individuals are willing to negotiate and either remove the problematic household member from the lease, thus allowing the other household members to remain, or allow a probationary period. If a tenant successfully completes this probationary period by complying with all of the tenant obligations, the tenant will not be evicted. A probationary period agreement can be entered into the court record as a consent agreement.

While the case is pending, you should have the tenant deposit the rent into a PHA escrow account or into your client trust account. PHAs will usually not accept rent from a tenant once a decision has been made to evict. Particularly with drug or criminal activity evictions, which may last several months, it is important that the rent be deposited in a safe place in the event that a settlement is reached or a favorable judgment obtained. If the tenant has not been putting the rent aside pending the outcome of the eviction case, you may have stopped an eviction based on the lease violation only to find your client evicted for nonpayment of the accrued rent.