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EVENTS & MEETINGS

“ALEC”
NEWShas long been a
secretive collaboration
between
BigLegislation
Business and
Model
“conservative” politicians.
Civil Justice
Behind closed doors, they
ghostwrite
“model”
bills to
Commerce,
Insurance,
and Economic
be introduced
in state
Development
capitols
across the country.
This agenda--underwritten
Education
by global corporations-Energy,
includes
majorEnvironment,
tax
and Agriculture
loopholes
for big industries
and the
super rich,
Federal Relations
proposals to offshore U.S.
Health
Human
jobs and
gut and
minimum
wage,Services
and efforts to
weaken public health,
International Relations
safety, and environmental
protections.
Public Although
Safety andmany
Elections
of these
bills have become
law, until now, their origin
Tax and Fiscal Policy
has been largely unknown.
With ALEC
EXPOSED, the
Telecommunications
Centerand
forInformation
Media and
Technology
Democracy
hopes more
Americans will study the
bills to understand
the
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big corporations are
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changing the
legal
rules
and undermining democracy
across the nation.

ALEC’s’Corporate Board
--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

By the Center for
Media and Democracy
www.prwatch.org

Home

Model Legislation

Public Safety and Elections

Drug-Free Housing Project Act
Summary

Did you know the
NRA--the National
Rifle Association-was the corporate
co-chair in 2011?

This Act would allow any individual who rents or leases property to include a stipulation
in the lease that any drug violation committed on the premises constitutes grounds for
termination of the lease. The Act would require public housing agencies to include a
stipulation in their leases that any felony drug violation committed on the premises
constitutes grounds for termination of the lease. The Act would also allow the public
housing authority to expedite the standard eviction hearing procedure in cases in which
eviction is sought for violation of a drug offense committed on the premises. The Act
further extends to landlords a degree of accountability for drug crimes committed in
housing premises that they lease.

Model Legislation
{Title, enacting clause, etc.}
Section 1. {Title.} This Act shall be known and may be cited as the Drug-Free
Housing Project Act.

Section 2. {Power of eviction.} Any landlord may, as a condition of leasing,
extending, or renewing a residential lease, require a tenant to sign a lease that:

(A) requires the tenant to agree that no person occupying or otherwise using the leased
unit will violate [cite state controlled substance act] on the leased premises;
(B) stipulates that if any person occupying or otherwise using the leased unit violates
the terms of Subsection (A), the landlord may elect to:
(1) terminate the lease immediately and proceed to seek repossession of the property in
accordance with applicable law;
(2) declare a breach of the lease and proceed to seek repossession of the property in
accordance with applicable law; or
(3) require any lessee or other person occupying or using the leased unit and
committing a violation of [cite state controlled substance act] to vacate the unit
permanently no later than 10 days from the date of written notice from the landlord,
and not thereafter enter upon the landlord's premises. If the person vacating the unit is
one of the lessees, the person shall be severed from the tenancy.

Section 3. {Public housing project evictions.}
(A) Any municipal, county, or regional housing authority operating a public housing
project within this state:
(1) shall evict any housing project tenant who is adjudicated guilty of a felony violation
of [cite state controlled substance act], if such offense is committed in or on the
premises of any public housing project;
(2) may evict all tenants of a dwelling unit when any tenant of such unit is adjudicated
guilty of a felony violation of [cite state controlled substance act], if such offense is
committed in or on the premises of any public housing project;
(3) may evict any housing project tenant upon clear and convincing evidence that such
tenant is committing or has committed any violation of [cite state controlled substance
act], regardless of where the violation occurred; and
(4) may evict all tenants of a dwelling unit upon clear and convincing evidence that any
tenant of such unit is committing or has committed any felony violation of [cite state
controlled substance act], regardless of where the violation occurred, and that the other
tenants knew or reasonably should have known of such activity.
(B) Any person found to have violated this Section who returns to the premises is guilty
of criminal trespass. Notwithstanding the provisions of [cite state], a housing authority
may consider a rental application by a person evicted under this Section only upon a
showing of rehabilitation.
(C) An explanation of the provisions of this Section shall be included in all leases made or
renewed after the effective date of this Act.
(D) A housing authority that does not comply with this Section shall be ineligible to

Exposed

By the Center for
Media and Democracy
www.prwatch.org

receive state funding to assist in managing or operating any of its housing projects,
including any funding from any of the housing assistance programs operated by the
state.

Section 4. {Emergency public housing eviction.}
(A) If the housing authority has reason to believe that cause exists for eviction under
Section 3, the authority shall conduct an investigation to determine whether there is
cause for emergency eviction. If the investigation results in a finding of cause for
emergency eviction, the authority shall deliver an emergency eviction petition notice to
the premises of the dwelling unit involved, and shall, within 24 hours after delivery of
such notice, petition the circuit court for an emergency order authorizing eviction. The
petition shall allege the name, age, and address of each tenant sought to be evicted and
the specific facts constituting the cause for eviction under Section 3.
(B) A hearing shall be held within 14 days after the filing of an emergency eviction
petition. Each tenant sought to be evicted shall receive at least 5 days' notice of the
hearing and shall have the right to be present and to be represented by legal counsel at
the hearing. The court shall appoint legal counsel for any such tenant who is without
legal representation.
(C) If at the hearing the court finds clear and convincing evidence that cause exists for
eviction under Section 3, the court shall issue an order for emergency eviction of the
tenant or tenants involved. Such order shall be executed immediately.

Section 5. {Landlord liability.}
(A) Any dwelling, house, apartment, building, vehicle, vessel, aircraft, or any place
whatever that is resorted to for purposes of illegally administering controlled substances
or that is used for the manufacture, distribution, dispensing, storage, or concealment of
controlled substances shall be considered a public nuisance.
(B) It shall be unlawful to rent to a tenant any dwelling, house, apartment, building,
vehicle, vessel, aircraft, or any place whatever if the landlord has actual or constructive
knowledge that the place is a public nuisance as defined in Subsection (A) of this
Section.

Section 6. {Severability clause.}
Section 7. {Repealer clause.}
Section 8. {Effective date.}
ALEC's Sourcebook of American State Legislation 1995

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