6A. Wait a Minute: Slowing Down Criminal Activity Eviction Cases to Find the Truth
Defending evictions claiming criminal activity in public and subsidized housing remains mysterious and complicated to many legal services attorneys. The decision in HUD v. Rucker, 122 S. Ct. 1230 (2002), led many to believe that tenants facing such claims have no choice but to move. To the contrary, tenants have many available defenses from federal, state, and local law, which are easy to overlook. We will discuss the required eviction elements for each housing program and relevant defenses, using examples to aid in issue spotting, efforts at federal, state, and local levels to develop more appropriate eviction policies, and recent developments.