United States v. Leasehold Interest in 121 Nostrand Avenue

MEMORANDUM AND ORDER

WEINSTEIN, District Judge:

TABLE OF CONTENTS

I. Introduction

II. Procedural Background

III. Facts

A. Household Members

B. Connection of Household to Drug Activity

C. Clara Smith and the Apartment

IV. Law

Public Housing Forfeiture

Preseizure Notice and Hearing Required

Procedures to Obtain Forfeiture

1. Adequate Notice

2. Claimants’ Objection

3. Scope of Preseizure Hearing

Probable Cause to Forfeit

Defenses to Forfeiture

1. Burdens of Proof

2. Innocent Ownership

3. No Unlawful Activity

4. Fifth Amendment

Forfeiture of Other Claimants’ Interests fa

Y. Conclusion

I. INTRODUCTION

The Government seeks…