Cite as: 535 U. S. 125 (2002)
Opinion of the Court
argued the cause for the private petitioners in No. 00-1781. With him on the briefs was Susan T. Kumagai.
Paul Renne argued the cause for respondents in both cases. With him on the brief were James Donato, Whitty Somvichian, and John Murcko.†
Chief Justice Rehnquist delivered the opinion of the Court.
With drug dealers "increasingly imposing a reign of terror on public and other federally assisted low-income housing tenants," Congress passed the Anti-Drug Abuse Act of 1988. § 5122, 102 Stat. 4301, 42 U. S. C. § 11901(3) (1994 ed.). The Act, as later amended, provides that each "public housing agency shall utilize leases which . . . provide that any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other tenants or any drug-related criminal activity on or off such premises, engaged in by a public housing tenant, any member of the tenant's household, or any guest or other person under the tenant's control, shall be cause for termination of tenancy." 42 U. S. C. § 1437d(l)(6) (1994 ed., Supp. V). Petitioners say that this statute requires lease terms that allow a local public
†Briefs of amici curiae urging reversal were filed for the Council of Large Public Housing Authorities et al. by William F. Maher and Robert A. Graham; for the International City-County Management Association et al. by Richard Ruda and James I. Crowley; and for the Washington Legal Foundation et al. by Daniel J. Popeo and Richard A. Samp.
Briefs of amici curiae urging affirmance were filed for AARP et al. by Catherine M. Bishop and Julie E. Levin; for the American Civil Liberties Union et al. by Mark J. Lopez, Steven R. Shapiro, and Alan L. Schlosser; for the National Network to End Domestic Violence et al. by Bruce D. Sokler and Fernando R. Laguarda; for the Pennsylvania Association of Resident Councils et al. by Eileen D. Yacknin and Richard S. Matesic; and for Lawrence Lessig et al. by David T. Goldberg and Daniel N. Abrahamson.
Kirsten D. Levingston, Michael S. Feldberg, and Martha F. Davis filed a brief for the Coalition to Protect Public Housing et al. as amici curiae.
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