5. Consequences for Housing
A. Housing in General
Most of this section is about public housing because that is where the intersection between delinquency adjudications and housing occurs most frequently. However, juvenile court professionals should be aware that delinquency proceedings may affect other types of housing as well -- both for the youth’s family, and for the youth in the future.
For example, Wis. Stat. § 704.17(3m) allows a private landlord to evict a tenant if the tenant, a member of the household, or an invited guest “engages in any drug-related criminal activity on or near the premises” or “engages in any criminal activity that threatens the health or safety of, or right to peaceful enjoyment of the premises” by other tenants, persons residing in the near vicinity, or of the landlord or a landlord’s agent.
Every homeless shelter has its own eligibility criteria, as do transitional housing programs. As a general rule, adult men and women’s homeless shelters are unlikely to inquire into delinquency adjudications and would be unlikely to exclude someone based on a delinquency adjudication. However, Salvation Army family shelters (and presumably other family shelters) would be likely to exclude someone who is on the sex offender registry.
College dormitories, adult group homes and other living situations may have rules regarding eligibility that reference delinquent activity.
B. Public Housing
A child’s involvement in delinquent activity can result in the child’s family being evicted from public housing, change the amount of assistance available to the family, or make the family ineligible for public housing in the future.
There are several forms of federal housing assistance. The two most common are actually living in publicly-owned housing, or receiving a “Section 8” subsidy to live in privately-owned housing. See Section 8 of the US Housing Act, 42 USC 1437(f). All federally-assisted housing programs, including Section 8 vouchers, are governed by local public housing authorities (LPHA), which have discretion to establish criteria for determining eligibility for public housing assistance, and criteria for evicting those who receive public assistance, within the parameters established by the Federal Department of Housing and Urban Development (HUD).
I. Eviction
The LPHA must immediately terminate a lease if it determines that any household member has ever been convicted of manufacturing or producing methamphetamine on the premises of federally-assisted housing. 24 CFR § 966.4(l)(5)(i)(A). HUD rules do not clarify whether a delinquency adjudication is considered a conviction.
NOTE: Except for the grounds regarding a methamphetamine conviction, proof of the kinds of criminal activity described in the following paragraphs does not require a conviction. A LPHA may consider “all credible evidence,” including but not limited to any record of conviction, arrest, police contact or civil ordinance violations. 24 CFR §977.4(1)(5)(iii). Evictions for “criminal activity” may begin with informal communication between police officers and landlords or property managers.
The LPHA must state in its lease that if any member of the household or guest engages in drug-related criminal activity on or off the premises, that is grounds for termination of the lease. Eviction is not required under this provision, the LPHA can make a discretionary decision about that, taking into account mitigating factors. Some leases also state that drug-related civil activity can also be grounds for termination, and that possession of drug paraphernalia is a prohibited drug-related activity. “Drug” is defined as a controlled substance under 21 U.S.C. § 802, 24 CFR § 966.4(1)(5)(i)(B).
The lease must also state that the LPHA may evict a family when it determines that a household member is illegally using a drug or 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. 24 CFR § 966.4(1)(5)(i)(B).
The lease must also state that any criminal activity by a household member that “threatens the health, safety, or right to peaceful enjoyment of the premises” by other residents or persons residing in the immediate vicinity, is grounds for eviction. 24 CFR § 966.4(1)(5)(ii)(A).
LPHAs are required to establish standards that allow eviction if a household member has engaged in abuse or pattern of abuse of alcohol that “threatens the health, safety, or right to peaceful enjoyment of the premises” by other residents. 24 CFR § 966.4(1)(5)(vi)(A).
LPHAs are required to establish standards that allow for eviction if a household member has furnished false or misleading information about illegal drug use, alcohol abuse, or rehabilitation of illegal drug users or alcohol abusers. 24 CFR § 966.4(1)(5)(vi)(B).
Finally, LPHAs are allowed to evict for "other good cause" such as "harboring a fugitive" or threats to other residents or staff. 24 CFR § 966.4(1)(2)(iii)(a)-(e).
II. Eligibility
The criteria for future eligibility for public housing are similar to, but slightly broader than, the criteria for eviction. And where some eviction criteria are discretionary, they are mandatory for eligibility.
If any household member has ever been convicted of producing or manufacturing methamphetamine on the premises of federally assisted housing, the family is ineligible. 24 CFR § 960.204(a)(3).
Similarly, if any household member has been evicted from federally-assisted housing during the last three years for drug-related criminal activity, the family is ineligible. An LPHA may accept the family if the involved household member no longer lives with them or has completed an approved rehabilitation program. 24 CFR § 960.204(a)(1).
Families are ineligible if any household member is currently engaged in the illegal use of a controlled substance as defined at 21 U.S.C. § 802(6). “Currently engaged” means recent-enough behavior to justify a reasonable belief that illegal drug use is continuing. 24 CFR § 960.204(a)(2)(i).
Families are ineligible if any household member’s current use or pattern of use of illegal drugs or alcohol may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents. 24 CFR § 960.204(a)(4)(b).
Families are ineligible if any household member is subject to lifetime sex offender registration. 24 CFR § 960.204(a)(4).
HUD allows, but does not require, LPHAs to consider an applicant’s history of criminal activity if it involves physical violence to persons or property, or would adversely affect the health, safety or welfare of other tenants. 24 CFR § 960.203(c)(3). Usually, these are discretionary decisions that take into account the recency of the conduct, as well as the nature of the conduct.
Again, it is important to note that evidence of “criminal activity” is not limited to convictions. It can be based on civil ordinance violations, police contacts or arrests. The HUD regulations do not specifically address “criminal activity” by youth, or delinquency adjudications, but it is generally thought that “criminal activity” includes acts by youth.
NOTE: This chapter describes HUD regulations, but juvenile court professionals should familiarize themselves with specific standards promulgated by the LPHAs and lease provisions in their communities.
