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PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS›Terminating Tenancy

§ 5.858 What authority do I have to evict drug criminals?

24 C.F.R. Part 5 — General HUD Program Requirements (definitions of income, annual/adjusted income, rent; HOTMA-era text) · 2026 edition · updated 2026-07-29 · United States

The lease must provide that drug-related criminal activity engaged in on or near the premises by any tenant, household member, or guest, and any such activity engaged in on the premises by any other person under the tenant's control, is grounds for you to terminate tenancy. In addition, the lease must allow you to evict a family when you determine that a household member is illegally using a drug or when you determine that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents.

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▸Contents — 24 C.F.R. Part 5 — General HUD Program Requirements (definitions of income, annual/adjusted income, rent; HOTMA-era text)
24 C.F.R. Part 5 — General HUD Program Requirements (definitions of income, annual/adjusted income, rent; HOTMA-era text)
  1. 24 C.F.R. Part 5 — General HUD Program Requirements (definitio…
  2. ▸PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS
    Overview
    1. Subpart A—Generally Applicable Definitions and Requirements; W…
    2. Affirmatively Furthering Fair Housing
    3. Subpart B—Disclosure and Verification of Social Security Numbe…
    4. Disclosure and Verification of Social Security Numbers and Emp…
    5. Procedures for Obtaining Income Information About Applicants a…
    6. Subpart C—Pet Ownership for the Elderly or Persons With Disabi…
    7. General Requirements
    8. Pet Ownership Requirements for Housing Programs
    9. Pet Ownership Requirements for Public Housing Programs
    10. Subpart D—Definitions for Section 8 and Public Housing Assista…
    11. Subpart E—Restrictions on Assistance to Noncitizens
    12. Subpart F—Section 8 and Public Housing, and Other HUD Assisted…
    13. Family Income
    14. Family Payment
    15. Section 8 Project-Based Assistance: Occupancy Requirements
    16. Subpart G—Physical Inspection of Real Estate
    17. Subpart H—Uniform Financial Reporting Standards
    18. Subpart I—Preventing Crime in Federally Assisted Housing—Denyi…
    19. General
    20. Denying Admissions
    21. ▸Terminating Tenancy
      Overview
      1. § 5.858 What authority do I have to evict drug criminals?
      2. § 5.859 When am I specifically authorized to evict other crimi…
      3. § 5.860 When am I specifically authorized to evict alcohol abu…
      4. § 5.861 What evidence of criminal activity must I have to evict?
    22. Subpart J—Access to Criminal Records and Information
    23. Subpart K—Application, Registration, and Submission Requirements
    24. Subpart L—Protection for Victims of Domestic Violence, Dating …
    25. Subpart M—Core Based Statistical Areas

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