Fast Track Evictions – Not so fast, my friend!

The Department of Justice (DOJ) has recently published a legal opinion letter (attached if you are a glutton for punishment) relating to the legality of “crime-free” or “nuisance” programs, sometimes referred to as “fast track evictions”.

Basically, the DOJ indicated that fast-track evictions violate the above statutes by discriminating against protected persons or by having a disparate impact on protected individuals. More concerning is that the DOJ listed a series of cases where they had success suing state and/or local governments related to these fast-track eviction statutes.

Quite simply it is not a stretch to think that the courts will find liability for management companies and owners using these statutes against their tenants. It will work like this. A landlord uses one of these “fast track eviction” statues (similar to Massachusetts M.G.L. 139 s19). The tenants will then counterclaim based on discrimination or violations of VAWA and, depending on the facts, a landlord may be found to have violated federal law by pursuing one of these “crime-free”, “nuisance” or “fast track evictions”.

Yes, DVD would caution against using these “fast track eviction”statutes without a thorough evaluation of the facts and circumstances. In general, pursuing a traditional eviction could help to avoid these claims. While tenants can raise the same counterclaims in a traditional eviction there has not been a targeted DOJ effort to attack eviction statutes.

Give us a call the next time there is a drug bust or other similar circumstance at your property because a fast-track eviction may be a fast-track to liability!