Tenants Living in Federal Subsidized Housing

State courts must consider and apply federal law defenses to evictions. For public or subsidized housing, federal law may provide defenses which might limit:

• Grounds for Eviction

• Prohibit non-renewal of lease

• Prescribe notice and other procedural prerequisites to eviction

Other violations of federal law in subsidized housing could also include:

• Retaliatory evictions

• Failure to give pre-termination grievance hearings

• Pre-trial discovery

• Unequal treatment

Tenants in federal subsidized housing programs often cannot get evicted for no cause. State courts have a duty to enforce federal laws that prohibit no-cause evictions. No-cause evictions may occur after the initial lease terms expire.