EVICTION DRUG RUSE SHOT DOWN BY JUDGE

Oakland housing policy called "unreasonable"

OAKLAND A judge has temporarily set aside portions of a federal
"one-strike policy" that allows landlords of government-subsidized homes to
evict tenants if their family or friends are suspected of drug activity.
For more than two years, agencies such as the Oakland Housing Authority
have been evicting tenants if they or their visitors are arrested on drug
charges.

The arrest does not have to take place inside the tenant's home and tenants
can be evicted even if the charges are dropped or the person is acquitted.

Berkeley and Oakland tenant rights advocates sued the Oakland Housing
Authority In U.S. District Court on behalf of four tenants who were about
to be evicted under the policy.

This week, in a long-awaited opinion U.S. District Judge Charles R. Breyer
banned the housing authority from using the policy to evict tenants if the
drug activity happens outside their homes.

The judge wrote "that there is a serious question" about evicting "innocent
tenants for drug-related criminal activity. He described such evictions as
"unreasonable."

The judge pointed out that the policy, meant to curb drug use, may be
backfiring.

Evicting the tenant will not reduce drug-related criminal activity. since
the tenant has not engaged in any such activity or knowingly allowed such
activity to occur." he wrote.

To let the policy stand would "at least conceal criminal drug-activity by
ensuring that tenants who learn of such activity by their household members
or guests will not report the activity."

Anne Omura of the Oakland-based Eviction Defense Center said the decision
"is a tremendous victory." She said It is the first challenge to the
policy, set by the Clinton administration two years ago.

Omura and attorney Ira Jacobowitz drafted the lawsuit before Breyer.

"The judge agreed with us that it is fundamentally unfair to evict tenants
for actions of others Jacobowiiz said.

Portions upheld

But Breyer let stand the balance of the policy, which allows the housing
authority to evict someone if drug use takes place within the household.

OHA attorney Gary Lafayette was out of town Tuesday and could not be
reached for comment.

Breyer's ruling is in effect until September, when the housing authority
and. tenants square off again in court The question then is whether to make
the temporary injunction a permanent one.

Eviction avoided

The ruling prevented the pending eviction of four OHA tenants, including
Herman Walker, 75, whose care-giver was found with four drug pipes. If
evicted, Walker will have to wait 10 years to get another apartment.

"We do not condone protecting drug dealers. But kicking a 75-year~old
disabled person out of their home is not going to stop the drug problem,"
Jacobowitz said.

Checked-by: (Joel W. Johnson)