Friday, May 04, 2007
Eviction upheld for criminal activity
The Supreme Judicial Court yesterday released a decision which allowed the Lowell Housing Authority to evict a tenant for criminal activity that did not occur on the premises. In LHA v. Melendez, the court held that the statute allows for eviction for criminal activity that "threatens the health, safety, or right to quiet enjoyment of any LHA housing development by other tenants." The language, from the lease, is taken verbatim from section 1437d of title 42 of the US Code. The court considered the violence of the criminal activity, and the threat of continuing violent and threatening behavior a real danger to other tenants. See also our page on Eviction.