2023 Laws of Puerto Rico › TITLE SEVENTEEN - Housing (§§ 1 — 1546) › Chapter 36 - Rental Contract Cancelation Procedure (§§ 1015 — 1015h) › § 1015a - Eviction—Parameters

In all cases in which the administration, of itself, or under the authority conferred to an administrator, administrating agent, selfadministrator, or any other instrumentality on behalf of the administration, promotes or initiates an eviction against any lessee for noncompliance of a lease agreement granted pursuant to § 9 of the Housing Opportunity Program Extension Act of 1996, P.L. 104-120, 42 U.S.C. § 1437d, said administration shall be governed by the following parameters:
Prior to initiating any procedure of cancellation of contract and eviction, a report shall be prepared containing the following:
(a) The gravity of the offense or crime committed which is cause for the cancellation of the agreement versus the damage that the cancellation of the agreement and their eviction would cause to the family nucleus that resides in the unit.
(b) The availability of the resources of the family nucleus to obtain housing.
(c) The presence of minors, the elderly or disabled persons in the family nucleus.
(d) The degree of control exerted or that may be exerted by the lessee over the person that commits the offense or crime that causes the cancellation of the contract and the eviction.
(e) The existence of a victim of domestic violence in the family nucleus and the consequences of the cancellation of the housing contract on the family nucleus.
(f) The efforts by the lessee to prevent the behavior or actions of the person that causes the cancellation of the agreement and the eviction.
(g) The ignorance of the lessee regarding the behavior, actions or conduct of the person that provokes the canceling of the agreement and the eviction.
(h) Any other consideration to be pondered in order to avoid the cancellation of the public housing contract of innocent third parties.
(i) Consider all the circumstances of each case, including the gravity of the offense or noncompliance of the public housing lease contract committed by the resident or tenant of said housing unit.
(j) Prove beyond all reasonable doubt the participation and scope of such participation by the resident or tenant and/or some member of the family nucleus in activity expressly prohibited in the public housing leasing contract.
(k) Establish a causal connection between the imposition of the eviction sanction and the behavior of the lessees.
(l) Existence of written notice of the intention to terminate the agreement at least thirty (30) days prior to the administrative evidence hearing. Said notice shall be delivered in person to an adult member of the family unit. The notice shall contain a reasonable description of the alleged facts on which the initiation of the process is based; it shall also advise the lessee of his right to be assisted by counsel, to present evidence in his own behalf and to examine the evidence against him/her; shall also advise him/her of the right to obtain a copy of the analysis prepared by the privatizing agent at least seven (7) days in advance of the hearing.
The evaluation of all of these factors through the use of the adequate personnel and mechanisms shall be stated in writing and shall become a part of the tenant’s record at the time of pursuing the corresponding action.
History —Dec. 4, 2001, No. 171, § 2, eff. 90 days after Dec. 4, 2001.