[20020415]RS21199_无过错驱逐非法吸毒的公屋住户：住房和城市发展部诉Rucker案的法律分析.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21199April 15, 2002No-fault Eviction of Public Housing Tenantsfor Illegal Drug Use: A Legal Analysis of Department of Housing and UrbanDevelopment v. Ruckername redactedLegislative Attorney American Law DivisionSummaryIn Department of Housing and Urban Development v. Rucker, the Supreme Courtunanimously approved provisions of the 1988 Drug Abuse Act enacted by Congress inresponse to “rampant drug-related or violent crime” in public housing projects.Specifically, the law allows for no-fault evictions of public housing tenants by mandatingthe use of lease provisions, which state that “any drug-related criminal activity on or offsuch premises, engaged in by a public housing tenant, any member of the tenantshousehold, or any guest or other person under the tenants control, shall be cause fortermination of tenancy.” While public housing authorities have discretion under HUDregulations to evict or not based on the totality of circumstances in any individual case,agency rules also make clear that evictions are permitted even when the “tenant did notknow, could not foresee,