PUBLIC HOUSING BENEFICIARY OF ZERO-TOLERANCE DRUG LAW

When she moved into public housing in Jackson two years ago, Ethel Spell
said she was afraid to let her children outside to play because of rampant
drug activity.

Evictions of those possessing drugs have helped decrease the drug presence,
said Spell, 39, who is raising her three children and two nieces at the
White Rock Homes Apartments at 550 Country Club Drive.

A recent U.S. Supreme Court ruling affirmed the government's right to oust
public housing residents under the strict "one strike and you're out"
policy that started in the late '90s.

The rule makes it safer, but "they need to check into it and let the head
of the household know what's going on before they put people out," Spell said.

Management can notify the head of the household, but, regardless of whether
the person had knowledge of the drug offense, the family must go, based on
the decision handed down in March.

The decision arose from three cases in Oakland, Calif., in which three
elderly tenants were about to be evicted because two had relatives who
possessed drugs and one resident's caretaker possessed drugs.

The 9th U.S. Circuit Court of Appeals had ruled in favor of the Oakland
tenants last year, establishing an exception for innocent tenants and
shielding tenants who were unaware of drug activity on the property from
being evicted. The Supreme Court ruling nullified that.

Drug users and drug crime are "a threat to other residents and the
(housing) project," Chief Justice William H. Rehnquist said. "With drugs
leading to murders, muggings and other forms of violence against tenants
... it was reasonable for Congress to permit no-fault evictions in order to
provide ... low-income housing that is decent, safe and free from illegal
drugs."

Rehnquist also said that nothing in the Constitution prevents public
housing authorities from enforcing this policy. Tenants are on notice of
the rule because it is written into their leases, he pointed out.

U.S. Attorney Dunn Lampton said the ruling should make tenants more
responsible for the actions of their relatives and guests.

"If they have a child and they think he's dealing drugs, they are going to
kick him out and not let him live at home anymore or take the chance of
losing the place where they live," Lampton said. "Maybe some kids will
decide that they will stop dealing with drugs if that means having their
grandmother kicked out of her apartment."

Those proven to possess drugs on public housing property are banned for
three years or more.

There are 14,784 occupants in public housing apartment complexes in
Mississippi, according to data from the U.S. Department of Housing and
Urban Development office in Jackson.

Tenants can be readmitted under certain conditions, including successful
completion of a drug rehabilitation program or the death or incarceration
of the offending household member.

However, persons convicted of producing methamphetamine are permanently banned.

Willie Martin, president and chief executive officer of the Jackson Housing
Authority, said his office will rigidly abide by the ruling at the 498
public housing units at Willow Grove, Golden Key and White Rock. "We are
holding the tenants accountable for their actions and the actions of their
guests," Martin said.

No one had been evicted since the ruling was handed down, he said. His
office was still drafting the eviction process and procedure to adhere to
the federal ruling, he said.

In Tupelo, Housing Authority executive director Hickman M. Johnson said
there have been two evictions there since the Supreme Court's affirmation
of the zero-tolerance policy. In one case, the child of the head of
household committed a drug violation, causing the entire family to be
evicted, Hickman said. He oversees 410 public housing units at four
apartment complexes.

"One of the criticisms of the rule is that it places families in a hardship
because the whole family is penalized for the actions of one individual,"
he said. "But that is how the law is interpreted. "

His office has had a zero-tolerance policy since 1996, when HUD directed
local housing authorities to crack down on drugs, Hickman said.

"It (the ruling) will send a strong message that drug-related crime will
not be tolerated within public housing ," Johnson said.

Tupelo Police Department statistics show there were two felony arrests for
drug possession and nine misdemeanor drug possession arrests on public
housing properties in 2001, Hickman said.

In 2000, there were two felony drug possession arrests and two misdemeanor
drug possession arrests in public housing, he said.

Contrary to perception, however, public housing is not drug infested, said
Matthew Grant, manager at White Rock.

"Most of our tenants are good tenants and are trying to do the right
thing," he said. "They want to live in a safe environment."

A Jackson police officer patrols the grounds at White Rock five days a
week, eight hours a day. A private security guard patrols on weekends, he said.

Neither Jackson police nor the housing authority could provide statistics
on drug arrests on public housing premises.

Stella Banks, a 60-year-old resident who has lived at White Rock for four
years, is raising her 9-year-old grandson at the Jackson complex.

"These younger people smoke the stuff (drugs) and they don't have respect
for nobody," she said. "The drug problem is not that bad here, but it
exists. If (authorities) stop (drug dealers), it would be better."

Mable Shavers has been a preschool teacher at the White Rock Head Start
Center on the apartment complex grounds for seven years. Initially, she was
afraid to let the 58 students, ages 3 to 5, play outside.

"They (drug dealers) used to swarm over there like bees," she said,
pointing to a nearby tree. "There is still a drug problem, but it is not as
wide open now. The strict rules will make it better for the children and
the families."

Ron Turner, deputy executive director of the Meridian Public Housing
Authority, said HUD's zero-tolerance policy has de-creased the presence of
drugs. There have been no drug-related arrests in the 1,297 public housing
units or on 14 properties in three years, he said.

"They (tenants) go through background checks for criminal activity, and if
we find those potential applicants have had criminal activity in the last
three years, they are eliminated on the front end," he said.