Conviction Consequences Housing

HOUSING

There are legal bars on subsidized housing and consequences in private housing. An arrest can trigger housing proceedings to prohibit a person from living in their home and also eviction proceedings against the lease-holder, even though he was not charged with nor had any knowledge of the commission of a crime by the person he lived with. An arrest has a devastating effect on the loved ones and family members of those who live in public housing and can shatter the family unit.

The basic constitutional protections afforded criminal defendants is inapplicable in Housing Court. There is a lesser burden of proof and evidentiary standards as well.

Generally, a defendant cannot stay the eviction proceeding pending the outcome of the criminal case.

In Housing court a client must choose between the lesser of two evils:

1. Waiving his 5th amendment right and testify (which would relate to the underlying facts of his criminal case and therefore undermine his defense) or
2. Invoking his 5th amendment right and refuse to testify and have an adverse inference (applicable in civil cases) applied against him.

INELIGIBILITY

Mandatory denial

Under conventional public housing, applicants are automatically ineligible for public, federally assisted, or Section 8 Housing if:

1. A household member is subject to a lifetime sex offender registration requirement or,
2. A person is convicted of the production or manufacture of methamphetamine. Presumptive denial

Unless relevant mitigation provisions are satisfied a person will be found ineligible for conventional public housing if:

- Any family member is engaging in illegal use of a controlled substance
- There’s reasonable cause to believe that a family member’s illegal use or pattern of illegal use of a controlled substance may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents
- There’s reasonable cause to believe that a family member’s alcohol abuse or pattern of illegal use of a controlled substance may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.

TERMINATION OR EVICTION

Mandatory termination or eviction

1. Persons subject to lifetime sex offender registration
2. Persons convicted of methamphetamine production

Discretionary termination

1. Persons engaging in illegal use of a drug
2. Persons abusing alcohol
3. Persons furnishing false information-any person who furnished false or misleading information concerning illegal drug use, alcohol abuse, or rehabilitation of illegal drug users or alcohol abusers
4. Persons engaging in illegal activity

Drug crime on or off the premises- if any tenant, member of the tenant’s household, or guest engages in any drug-related criminal activity on or off the premises, or any other person under the tenant’s control engages in any drug-related criminal activity on the premises.  PHA’s have the authority to evict or drug related activity even if the tenant did not know, could not foresee, or could not control behavior by other occupants or guests.

Evidence

Neither an arrest nor conviction is necessary to prove guilt. The standard of proof for a criminal conviction need not be satisfied.

Incarceration usually leads to the loss of stable housing

1. When a person returns home from jail or prison, due to the housing restrictions placed on them as a result of their conviction, they become homeless-relying on shelters or the generosity of family and friends.
2. In NYC, over 30% of single adults in the shelter system were recently released from city jails any many cycle between shelters and incarceration

Homelessness is directly linked to recidivism of people who have served jail or prison sentences