Housing – Public housing – eviction

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Wisconsin Supreme Court

Civil

Housing – Public housing – eviction

42 U.S.C. § 1437d(l)(6) preempts the right-to-remedy provision of Wis. Stat. § 704.17(2)(b) when a public housing tenant is evicted for engaging in “drug-related criminal activity” within the meaning of 42 U.S.C. § 1437d(l).

“We hold that Wis. Stat. § 704.17(2)(b) is preempted in the present case because it ‘”stan[ds] as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.”’ See Barnett Bank, 517 U.S. at 31 (quoting Hines v. Davidowitz, 312 U.S. 52, 67 (1941)). We agree with the reasoning of Scarborough and Boston Housing Authority. A right to cure a lease violation that constitutes drug-related criminal activity conflicts with the federal Anti-Drug Abuse Act in two related respects. First, a right to cure past illegal drug activity is counter to Congress’ goal of providing drug-free public housing. Second, a right to cure past illegal drug activity is in conflict with Congress’ method of achieving that goal by allowing eviction of tenants who engage in drug-related criminal activity.”

Reversed.

2013AP2207 Milwaukee City Housing Authority v. Cobb

Ziegler, J.

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