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

§ 5.861 What evidence of criminal activity must I have to evict?

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

You may terminate tenancy and evict the tenant through judicial action for criminal activity by a covered person in accordance with this subpart if you determine that the covered person has engaged in the criminal activity, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying a criminal conviction standard of proof of the activity.

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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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