A recent ruling by the Wisconsin Supreme Court reaffirms the constitutional doctrine of Federal preemption. In Milwaukee City Housing Authority v. Cobb, March 2015, the Milwaukee Authority sued to evict a resident because he had violated the terms of his lease by smoking marijuana in his unit. Based on the lease, this constituted a “drug-related criminal activity.”
After clear evidence, including testimony from an experienced law enforcement officer, showing that the resident had smoked marijuana in his unit, the PHA notified the resident that he had violated the lease and gave the resident a notice of eviction. The eviction notice did not give the resident the right to remedy or cure the lease violation.
The resident admitted to smoking the marijuana, and even conceded that it was a “drug-related criminal activity.” However, he argued that under state law he had a right to remedy or cure the violation in order to avoid eviction. A Wisconsin Appeals Court agreed with the tenant and voided the eviction. The Wisconsin Supreme Court reversed the appeals court’s decision, reasoning that federal law preempts the state’s right-to-remedy provision. The Court stated that the State law interferes with the objectives of Congress as those objectives relate to drug-free public housing. The state law also conflicted with the method chosen by Congress to meet this intent, i.e., allowing PHAs to evict tenants for engaging in any drug-related criminal activity.
This case is a strong reminder that when a conflict exists between state and federal laws, the provision in the United States Constitution giving deference to federal law over state or local law prevails.