1.7.2 Procedure

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  In the case of nonpayment of rent, 14-day notice is typically required.2  However, as of November 8, 2021 and until rescinded by HUD, 30 days’ notice is required for eviction for nonpayment of rent from public housing, and the notice must include information about available rental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).