Allegheny County Housing Authority v. Arminthia S.

20 Pa. D. & C.4th 233, 1993 Pa. Dist. & Cnty. Dec. LEXIS 129
CourtPennsylvania Court of Common Pleas, Alleghany County
DecidedJune 24, 1993
Docketno. LT 92-300
StatusPublished

This text of 20 Pa. D. & C.4th 233 (Allegheny County Housing Authority v. Arminthia S.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Alleghany County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allegheny County Housing Authority v. Arminthia S., 20 Pa. D. & C.4th 233, 1993 Pa. Dist. & Cnty. Dec. LEXIS 129 (Pa. Super. Ct. 1993).

Opinion

WETTICK, J.,

In the case at LT92300, the Allegheny County Housing Authority seeks to evict a tenant for the illegal drug-related activity of her minor child. In the case at LT92-101, this Housing Authority seeks to evict a tenant for the illegal drug-related activity of a frequent visitor.

[234]*234I.

Arminthia S. is a tenant in a public housing apartment at the McKees Rocks Terrace public housing complex. Ms. S.’s lease permits the Housing Authority to terminate the lease for the conviction of any family member of a crime related to illegal drug activity.

On September 26,1991, plaintiff’s son, a minor, sold crack cocaine to an undercover police officer. The sale occurred at the McKees Rocks public housing complex. However, it did not occur at or in the immediate vicinity of Ms. S’s apartment.

Ms. S.’s son was arrested on October 15,1991. Subsequently, he was found guilty of possession with intent to deliver in a delinquency proceeding in the Juvenile Court.

The evidence establishes that Ms. S.’s son was residing with his mother at the time of the sale. The evidence further establishes that this child had been involved with the juvenile justice system since age 13 and had been placed outside the home on several occasions. Ms. S. testified that her son was beyond her control. However, it is not clear that she sought to exercise control, since the testimony further established that Ms. S. had not cooperated with the local police and the Juvenile Court probation staff on matters involving her son’s behavior. Consequently, this is not a case in which criminal activity of a child occurred despite significant efforts on the part of a parent to supervise the child.

The Housing Authority bases its claim for possession on subparagraph XIV(A)(9) of the lease between the Housing Authority and Ms. S. which allows the Housing Authority to terminate the lease for the conviction of any family member of a crime related to illegal drug [235]*235activity. The Housing Authority contends that it was authorized to evict Ms. S. under this subparagraph because the 1990 Cranston-Gonzalez Amendments to the United States Housing Act of 1937 provide that: “any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other tenants or any drug-related criminal activity on or near such premises, engaged in by a public housing tenant, any member of the tenant’s household, or any guest or other person under the tenant’s control, shall be cause for termination of tenancy.” 42 U.S.C. §1437d(l)(5).

The Housing Authority also relies on HUD Regulation 24 C.F.R. §966.4(1) which requires each lease entered into between a housing authority and a tenant to include the following provision:

“(1) Termination of tenancy and eviction (1) Procedures. The lease shall set forth the procedures to be followed by the PHA and by the tenant in terminating the lease.
“(2) Grounds for termination, (i) The PHA shall not terminate or refuse to renew the lease other than for serious or repeated violation of material terms of the lease such as failure to make payments due under the lease or to fulfill the tenant obligations set forth in section 966.4(f) or for other good cause.
“(ii) Either of the following types of criminal activity by the tenant, any member of the household, a guest, or another person under the tenant’s control, shall be cause for termination of tenancy:
“(A) Any criminal activity that threatens the health, safety or right to peaceful enjoyment of the PHA’s public housing premises by other residents.
“(B) Any drug-related criminal activity on or near such premises.”

[236]*236The tenant first argues that the lease provision and the Cranston-Gonzalez Amendments cover only drug-related criminal activity occurring in or next to the rental unit and do not provide for evictions based on activity conducted elsewhere on the property of the public housing complex. I reject this argument.

Subparagaraph XIV(A)(9) of the lease provides that the Authority may terminate the lease upon a conviction of any family member of a crime related to illegal drug-related activity — there is no requirement that this drug activity be conducted on or in the vicinity of the Housing Authority property. While this provision is overly broad, other provisions within the lease show that the lease intends to reach activity occurring on or in the vicinity of the Housing Authority’s housing complex. Subsection XIV(A)(4) allows an eviction for serious or repeated interference of the rights of other tenants, subsection XIV(A)(7) for creation of physical hazards in the unit, common areas, grounds, and parking areas of the project site, and subsection XTV(A)(8) for the conviction of the head of a household or other family member of a crime committed on or around the property of the Authority. Also if subparagraph XTV(A)(9) was intended to apply only to activity occurring in the rental unit, the lease would have used the same language as is contained in subparagraph XIV(A)(10) which allows termination for “illegal weapons or drugs seized in a PHA unit by a law enforcement officer.”

The 1990 Cranston-Gonzalez Anmendments that I previously quoted refer to any drug-related activity “on or near such premises.” In addition, this amendment refers to any criminal activity that “threatens the health, safety or right to peaceful enjoyment of the premises by any other tenants.”

[237]*237As I will discuss later, the sole reason that federal law permits an eviction for drug-related criminal activity is to protect other tenants’ rights to live in a safe and peaceful environment. Drug-related activity occurring in the common areas and on the grounds of the apartment complex threatens this right of the other tenants to at least the same extent as drug-related activity occurring in the rental unit. For this reason and because the federal law provides for termination of a lease for any criminal activity “that threatens the health, safety or right to peaceful enjoyment of the premises by other tenants,” it is clear that the location of the criminal activity that serves as a basis for an eviction is defined by the right of the other tenants to live in a safe and peaceful environment. See generally, Turner v. Chicago Housing Authority, 760 F. Supp. 1299 (ND. Ill. 1991), vacated as moot, 969 F.2d 461 (7th Cir. 1992).

The tenant’s remaining arguments challenge the constitutionality of her eviction from public housing based on activities of a minor child which did not occur in the tenant’s presence where there is no evidence to support a finding that the tenant encouraged or even knew of these activities. I agree with the tenant that I may not make a finding that the tenant knew of her son’s drug-related criminal activities simply because her son lived with her.

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Cite This Page — Counsel Stack

Bluebook (online)
20 Pa. D. & C.4th 233, 1993 Pa. Dist. & Cnty. Dec. LEXIS 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allegheny-county-housing-authority-v-arminthia-s-pactcomplallegh-1993.