Criminal Complaints for Drug-Related Activity Don't Meet Preponderance Of Evidence Standard for Eviction

摘要

Criminal complaints against a public housing tenant for drug-related activity require only a showing of probable'cause, which does not satisfy the preponderance of the evidence standard to evict the tenant for drug-related criminal activity, ruled the New Hampshire Supreme Court, reversing the eviction. (Nashua Housing Authority v. Wilson, No. 2010-610, 2001 WL 4135130 (N.H.), September 15, 2011) The Nashua Housing Authority (NHA) brought an eviction action against Wendy Wilson for breach of her lease based on her arrest for drug-related offenses. The trial court ordered the eviction based on testimony from the police officer who oversaw a sting to purchase drugs from Wilson.