---
kind: "section"
citation: "24 C.F.R. § 5.859"
title: "24"
number: "5.859"
heading: "When am I specifically authorized to evict other criminals?"
url: "https://uscodex.org/cfr/24/5.859"
---

# §5.859. When am I specifically authorized to evict other criminals?

- (a) **Threat to other residents.** The lease must provide that the owner may terminate tenancy for any of the following types of criminal activity by a covered person:
  - (1) Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including property management staff residing on the premises); or
  - (2) Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises.
- (b) **Fugitive felon or parole violator.** The lease must provide that you may terminate the tenancy during the term of the lease if a tenant is:
  - (1) Fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees, or that, in the case of the State of New Jersey, is a high misdemeanor; or
  - (2) **Violating a condition of probation or parole imposed under Federal or State law.**

## Notes

### Source

Source: 66 FR 28792, May 24, 2001, unless otherwise noted.

### Authority

Authority: 12 U.S.C. 1701x; 42 U.S.C. 1437a, 1437c, 1437f, 1437n, 3535(d); 42 U.S.C. 2000bb et seq.; 34 U.S.C. 12471 et seq.; Sec. 327, Pub. L. 109-115, 119 Stat. 2396; E.O. 13279, 67 FR 77141, 3 CFR, 2002 Comp., p. 258; E.O. 13559, 75 FR 71319, 3 CFR, 2010 Comp., p. 273; E.O. 14015, 86 FR 10007, 3 CFR, 2021 Comp., p. 517.

### Source

Source: 61 FR 5202, Feb. 9, 1996, unless otherwise noted.