From May to Must: Supreme Court of North Carolina Holds PHAs Must Meet the Discretion Requirement Before Eviction

HumAdmin Housing & Community Development, Howard Rhodes

A public housing agency (“PHA”) is obligated to protect residents from the dangers of illegal drugs. Federal law requires PHAs to include lease provisions that grant them power to evict tenants who sell or use such drugs on or off premises. This power is expansive: the U.S. Supreme Court confirmed that PHAs may even evict tenants who did not know …