Wait a Minute: 
Slowing Down Criminal Activity Eviction Cases to Find the Truth
Poverty Law
University of Minnesota and University of St. Thomas Schools of Law

© Poverty Law and Lawrence R. McDonough, Meghan Scully, and Monica Bogucki (except where other authors are noted).Use for other purposes, including educational purposes, is by written permission only from Lawrence R. McDonough, Meghan Scully,  and Monica Bogucki (except where other authors are noted).

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Defending evictions claiming criminal activity in public and subsidized housing reached a new urgency following the decision in Department of Housing and Urban Development v.  Rucker, 122 S. Ct. 1230 (2002).  

While some argue that tenants facing such claims have no choice but to move, tenants have many available defenses from federal, state, and local law which are easy to overlook.   

This article and slide show discuss the required eviction elements for each program and relevant defenses, and efforts at federal, state, and local levels to develop more appropriate eviction policies. 

Article:

L. McDonough and M. MacCreight, Wait a Minute: Slowing Down Criminal Activity Eviction Cases to Find the Truth, 41 Clearinghouse Review 55 (May/June 2007)

Slide Shows: 

National

Larry McDonough, Lawrence Wood, Jeffrey Hearne, and Deena Zakim, Wait a Minute: Slowing Down Criminal Activity Eviction Cases to Find the Truth (2022)

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Pennsylvania 

Larry McDonough, Wait a Minute - Slowing Down Criminal Activity Eviction Cases to Find the Truth in Pennsylvania (2024)

PDF

Minnesota

Larry McDonough, Wait a Minute: Slowing Down Criminal Activity Eviction Cases to Find the Truth in Minnesota (2024)

PDF

Arizona

Larry McDonough, Wait a Minute: Slowing Down Criminal Activity Eviction Cases to Find the Truth in Arizona (2023)

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Washington State

Larry McDonough, Kristi Denney, and Kasey Burton, Wait a Minute: Slowing Down Criminal Activity Eviction Cases to Find the Truth in Washington State (2023)

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More:

Fred Fuchs, Defending Families and Individuals threatened with Eviction from Federally Subsidized Housing, HOME-Funded Properties, § 515 Rural Rental Housing, § 8 Moderate Rehabilitation, Shelter Plus Care Housing, Supportive Housing for the Elderly and Persons with Disabilities, of Care Housing, HOPWA, Tax Credit Housing, Section 8 Housing Choice Voucher Program, Public Housing, Project-Based Voucher Program, Section 811 Project Rental Assistance, and Public Housing Converted under RAD Program (Texas RioGrande Legal Aid, Updated Sep. 5, 2022)