P.R. Laws tit. 17, § 1015b
The Public Housing Administration, of itself, or through the managing agent or selfadministrators, shall not promote an eviction order under the “One Strike and You’re Out” initiative if any of the following conditions exist:
(a) Noncompliance with one of the following procedures:
(1) The administrator, administrating agent, [self]administrator or the administration failed to notify the resident lessee in writing, in person or by certified mail, of the following:
(A) The specific facts on which the administration based the application of the “One Strike and You’re Out” regulations.
(B) The intent of the administrator or the administration to cancel the contract.
(C) The right to be represented by an attorney in the evidentiary hearing and the desirability of making the effort to obtain the representation.
(2) Once the hearing is requested, the administrating agent, selfadministrator or the administration shall advise the lessee of the following:
(A) The date, hour and place of the evidentiary hearing.
(B) The right to appear accompanied by an attorney.
(C) The right to introduce defenses and exculpatory evidence.
(D) The right to examine the evidence against him/her prior to the hearing.
(3) The administrator or administration, administrating agent, or the selfadministrator granted less than thirty (30) calendar days from the delivery or mailing of the last notification in writing to the date of the hearing.
The administrator, administrating agent, selfadministrator or the administration, after having exhausted every means to notify the lessee in person or by certified mail because he/she avoids being notified, it shall be sufficient to remit both or one of the notifications, as the case may be, by traditional mail. If so, an additional fifteen (15) days shall be granted, only for the hearing to be held.
(b) The lessee may present any of the following defenses without the list being understood as a limitation:
(1) There is no existing decision of a court with jurisdiction decreeing a conviction or ruling that the lessee, a member of the family nucleus, or a third party, who at the time of the commission of the prohibited behavior was visiting or was under the control of the lessee of the public housing unit, incurred any prohibited behavior or activity; or
(2) that he/she had no prior knowledge or could not foresee the criminal activity or action committed by a third party visiting his/her residence; or
(3) affirmative measures were taken to prevent the behavior or criminal activity of the third party or member of the family nucleus that provoked the cancellation of the contract and the eviction; or
(4) there is no causal connection between the eviction and the criminal activity, prohibited by law; or
(5) the criminal behavior was committed by a minor who is currently under the jurisdiction of the Juvenile Court, or
(6) the lessee can prove that he/she or the person convicted of an offense solely related to the use of controlled substances for which the contract would be cancelled, is currently enrolled in and regularly attending a duly accredited federal or state controlled substance rehabilitation program to prevent the use of controlled substances.
The lessee may establish other circumstances based on facts, to avoid the cancellation of the contract.
(c) During the evidentiary hearing, the lessee and/or the members of his/her family nucleus shall be guaranteed the following rights:
(1) That the decision is based on the evidence introduced during the hearing.
(2) That the decision is issued by an impartial judge or other authorized person.
(3) That there shall be adequate notice about the termination of the public housing lease contract.
(4) The opportunity to challenge and cross examine adverse evidence.
(5) The opportunity be assisted by legal counsel.
History —Dec. 4, 2001, No. 171, § 3, eff. 90 days after Dec. 4, 2001.