RULING MAKES IT EASIER TO EVICT OVER DRUG USE

SAN FRANCISCO (AP) - A public housing tenant can be evicted for a household
member's drug use even if the tenant was unaware of it, a federal appeals
court ruled Monday.

The federal government's "one-strike" eviction policy, which applies to
more than 3 million low-income tenants nationwide, is a reasonable step
toward making public housing safe and drug-free, said the 9th U.S. Circuit
Court of Appeals.

The 2-1 ruling, one of a handful of court decisions on the issue,
overturned a federal judge's 1988 order that barred the Oakland Housing
Authority from evicting tenants because of their housemates' off-premises
drug activities.

U.S. District Judge Charles Breyer said such evictions did not appear to be
authorized by federal law and would not discourage drug crimes. But the
appeals court said the Department of Housing and Urban Development's policy
was legally authorized and aimed at "preventing tenants from turning a
blind eye to the conduct of a household member or guest."

In adopting regulations in 1991, HUD used similar wording but refused to
exempt tenants who were unaware of the drug activity. The regulations do
not require evictions but leave the decision up to each of the more than
3,000 local housing agencies.

The Oakland case involved evictions of four residents, who have been
allowed to keep their apartments because of Breyer's injunction.