Part II – Collateral Consequences For Controlled Substance
Convictions: Housing & Public Benefits
When it comes to controlled substance (or drug)
charges here in the State of Michigan, the legislature has drafted a strict set
of consequences to inflict onto those convicted of the various types of crimes.
Not only are there fines, possible jail time, possible drivers’ license
sanctions, and other requirements when convicted of a drug crime, but there are
also possible consequences that involve an individual’s housing or public
benefits.
The following areas involve possible consequences, and each
provides a brief outline of those consequences.
1.
Housing
a.
Private landlords
Private landlords may evict
an individual for criminal activity related to the tenancy, which is common in
drug cases. Furthermore, private landlords may also deny housing because of a
criminal record. A lease or agreement between two individuals is a contract,
and thus the terms in that contract are binding, which usually involves
provisions about drug activity, use or the like.
b. Conventional
public housing and section 8 subsidies:
Admission to programs:
Relevant Authority: 24
CFR Subpart B - Admission
There is a mandatory denial
of housing for individuals convicted of methamphetamine production. There is a presumption
for denial is an individual has been convicted of a drug crime, which includes
a family member engaging in illegal drug use. Moreover, there is a
discretionary denial for any drug-related criminal activity, and thus an
applicant may be required to exclude a family member who has participated in or
has been culpable for criminal, alcohol, or drug-related activity.
Mandatory termination is
required for individuals convicted of methamphetamine production. However,
there is discretionary termination for individuals engaged in illegal drug use.
Discretionary termination is present when a tenant, a member of the tenant’s
household, or a guest engages in any drug-related criminal activity on or off
the premises or if any other person under the tenant’s control engages in any
drug-related activity on the premises. Public Housing Authorities have the
authority to evict individuals for drug-related criminal activity even if the
tenant did not know, could not foresee, or could not control the behavior of
other occupants or guests.
Permanent revocation for an
individual convicted of a drug-related felony, and thus he or she cannot
receive federal cash assistance or food stamps during his or her lifetime.
States are allowed to opt into or out-of that provision. In Michigan,
individuals with one prior felony drug conviction will remain eligible for
benefits; however, those with more than one felony drug conviction, which
occurred after 1996, are not. However certain benefits will be excluded from
the ban, which include, but are not limited to, emergency medical services,
certain public health benefits, drug treatment programs, Medicaid, Social
Security disability, and supplemental Social Security income. If considering
moving to another state and having prior felony drug convictions research is
advised because other states do enforce the ban described above.
DO
NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN
COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL
REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR
HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR
OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON.
