Nashua Housing Authority v. Wilson, 33 A.3d 1163

Tenant Wendy Wilson rents a public housing unit in Nashua; lease prohibits drug-related criminal activity on or off NHA property and permits termination/eviction for such activity.
Landlord evicted Wilson after newspaper report of her arrest and three criminal complaints alleging sale of morphine, though she had not been tried on those counts.
Trial evidence included three criminal complaints and Sergeant Sullivan’s testimony about undercover drug purchases involving Wilson, plus recordings and arrest of Wilson.
Trial court found compelling evidence that Wilson engaged in narcotics activity and ordered eviction.
On appeal, Wilson argues the complaints and testimony are insufficient to prove lease breach; landlord argues evidence supports eviction.
Court reverses, concluding the landlord failed to prove, by preponderance of the evidence, that Wilson engaged in drug-related criminal activity.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Do complaints plus testimony prove a lease breach by Wilson?	NHA argues complaints and Sullivan’s testimony show drug activity by Wilson.	Wilson contends the complaints and testimony do not prove she engaged in drug-related activity.	No; evidence insufficient to prove engagement by Wilson by preponderance.

Moody v. Cunningham, 127 N.H. 550 (N.H. 1986) (complaints resemble indictments; not enough for preponderance)
Landers v. Chicago Housing Authority, 936 N.E.2d 735 (Ill. App. Ct. 2010) (arrests alone do not prove criminal activity for housing)
Vachon v. New Hampshire, 414 U.S. 478 (U.S. 1974) (cannot pierce linkage; identification crucial for proven sale)
Lavoie v. State, 155 N.H. 477 (N.H. 2007) (preponderance required to evict for criminal activity)
Comer v. Tracey, 156 N.H. 241 (N.H. 2007) (evidence credibility and sufficiency standards applied)
Fisher v. Minichiello, 155 N.H. 188 (N.H. 2007) (standard of review for sufficiency of evidence in civil cases)