Milwaukee City Housing Auth. v. CobbAnnotate this Case
The Milwaukee City Housing Authority brought an eviction action against Defendant, who lives in federally subsidized housing, because Defendant violated the terms of his lease by engaging in “drug-related criminal activity” - i.e., smoking marijuana inside his apartment. Defendant argued that he could not be evicted because Wis. Stat. 704.17(2)(b) required the notice of eviction to provide him with an opportunity to remedy his lease violation. The circuit court issued a restitution order and writ of eviction. The court of appeals reversed. The Supreme Court reversed the court of appeals, holding that 42 U.S.C. 1437d(1)(6) preempts the right-to-remedy provision of section 704.14(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(1).