HUD TENANTS TAINTED BY RELATIVES' DRUG USE

Pearlie, Willie, Barbara and Herman are tenants of the local housing
authority. Because their rents are subsidized by the U.S. Department
of Housing and Urban Development, their leases specify that the
tenants, household members and guests shall not engage in illegal
drug-related activity on or off the premises.

Pearlie's daughter was found to be in possession of cocaine three
blocks from the apartment. Willie's grandson was caught using
marijuana in the parking lot, as was Barbara's grandson. Herman is
disabled, and his caregiver, Eleanor, was arrested for possession of
narcotics paraphernalia several times.

The housing authority began eviction of Pearlie, Willie, Barbara and
Herman for the illegal drug-related activity. The tenants sought a
court injunction to stop their evictions, arguing that because they
did not personally engage in the illegal drug-related activity, they
should not be evicted from federally subsidized housing.

If you were the judge, would you order Pearlie, Willie, Barbara and
Herman evicted?

The judge said yes.

Federal housing laws and HUD regulations prohibit illegal drug
activity in federally subsidized housing, the judge said. When
Pearlie, Willie, Barbara and Herman signed their leases, they agreed
not to allow illegal drug-related activity in their apartments and
that their household members and guests would not engage in
drug-related activity, on or off the premises, the judge said.

These federal laws and regulations do not violate the 1st Amendment
rights of association and are not an excessive fine, the judge said.
In Herman's special disability situation, he said, Herman had several
opportunities to dismiss his caregiver after she was found to have
drug paraphernalia, but he failed to do so.

Although Pearlie, Willie, Barbara and Herman did not personally engage
in illegal drug-related activity, their household members and guests
did, the judge said. Therefore, under HUD regulations, these tenants
can be evicted from HUD federally subsidized housing, the judge ruled.

Based on the 2000 U.S. Court of Appeals decision in Rucker vs.
Davis.