Drug-Free Housing Project Act Exposed

The Drug-Free Housing Project Act is listed under ALEC's Public Safety and Elections Task Force and was included in the 1995 ALEC Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

This Act would allow any individual who rents or leases property to include a stipulation in the lease that any drug violation committed on the premises constitutes grounds for termination of the lease. The Act would require public housing agencies to include a stipulation in their leases that any felony drug violation committed on the premises constitutes grounds for termination of the lease. The Act would also allow the public housing authority to expedite the standard eviction hearing procedure in cases in which eviction is sought for violation of a drug offense committed on the premises. The Act further extends to landlords a degree of accountability for drug crimes committed in housing premises that they lease.

Model Legislation

{Title, enacting clause, etc.}

Section 1. {Title.}

This Act shall be known and may be cited as the Drug-Free Housing Project Act.

Section 2. {Power of eviction.}

Any landlord may, as a condition of leasing, extending, or renewing a residential lease, require a tenant to sign a lease that:

(A) requires the tenant to agree that no person occupying or otherwise using the leased unit will violate [cite state controlled substance act] on the leased premises;

(B) stipulates that if any person occupying or otherwise using the leased unit violates the terms of Subsection (A), the landlord may elect to:

(1) terminate the lease immediately and proceed to seek repossession of the property in accordance with applicable law;

(2) declare a breach of the lease and proceed to seek repossession of the property in accordance with applicable law; or

(3) require any lessee or other person occupying or using the leased unit and committing a violation of [cite state controlled substance act] to vacate the unit permanently no later than 10 days from the date of written notice from the landlord, and not thereafter enter upon the landlord's premises. If the person vacating the unit is one of the lessees, the person shall be severed from the tenancy.

Section 3. {Public housing project evictions.}

(A) Any municipal, county, or regional housing authority operating a public housing project within this state:

(1) shall evict any housing project tenant who is adjudicated guilty of a felony violation of [cite state controlled substance act], if such offense is committed in or on the premises of any public housing project;

(2) may evict all tenants of a dwelling unit when any tenant of such unit is adjudicated guilty of a felony violation of [cite state controlled substance act], if such offense is committed in or on the premises of any public housing project;

(3) may evict any housing project tenant upon clear and convincing evidence that such tenant is committing or has committed any violation of [cite state controlled substance act], regardless of where the violation occurred; and

(4) may evict all tenants of a dwelling unit upon clear and convincing evidence that any tenant of such unit is committing or has committed any felony violation of [cite state controlled substance act], regardless of where the violation occurred, and that the other tenants knew or reasonably should have known of such activity.

(B) Any person found to have violated this Section who returns to the premises is guilty of criminal trespass. Notwithstanding the provisions of [cite state], a housing authority may consider a rental application by a person evicted under this Section only upon a showing of rehabilitation.

(C) An explanation of the provisions of this Section shall be included in all leases made or renewed after the effective date of this Act.

(D) A housing authority that does not comply with this Section shall be ineligible to receive state funding to assist in managing or operating any of its housing projects, including any funding from any of the housing assistance programs operated by the state.

Section 4. {Emergency public housing eviction.}

(A) If the housing authority has reason to believe that cause exists for eviction under Section 3, the authority shall conduct an investigation to determine whether there is cause for emergency eviction. If the investigation results in a finding of cause for emergency eviction, the authority shall deliver an emergency eviction petition notice to the premises of the dwelling unit involved, and shall, within 24 hours after delivery of such notice, petition the circuit court for an emergency order authorizing eviction. The petition shall allege the name, age, and address of each tenant sought to be evicted and the specific facts constituting the cause for eviction under Section 3.

(B) A hearing shall be held within 14 days after the filing of an emergency eviction petition. Each tenant sought to be evicted shall receive at least 5 days' notice of the hearing and shall have the right to be present and to be represented by legal counsel at the hearing. The court shall appoint legal counsel for any such tenant who is without legal representation.

(C) If at the hearing the court finds clear and convincing evidence that cause exists for eviction under Section 3, the court shall issue an order for emergency eviction of the tenant or tenants involved. Such order shall be executed immediately.

Section 5. {Landlord liability.}

(A) Any dwelling, house, apartment, building, vehicle, vessel, aircraft, or any place whatever that is resorted to for purposes of illegally administering controlled substances or that is used for the manufacture, distribution, dispensing, storage, or concealment of controlled substances shall be considered a public nuisance.

(B) It shall be unlawful to rent to a tenant any dwelling, house, apartment, building, vehicle, vessel, aircraft, or any place whatever if the landlord has actual or constructive knowledge that the place is a public nuisance as defined in Subsection (A) of this Section.

Section 6. {Severability clause.}

Section 7. {Repealer clause.}

Section 8. {Effective date.}

ALEC's Sourcebook of American State Legislation 1995