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News (Media Awareness Project) - US IL: PHA Explains Law To Curb Drug And Criminal Activity
Title:US IL: PHA Explains Law To Curb Drug And Criminal Activity
Published On:2002-08-16
Source:Peoria Journal Star (IL)
Fetched On:2008-01-22 19:54:21
PEORIA LEADS IN ONE-STRIKE POLICY

PHA EXPLAINS LAW TO CURB DRUG AND CRIMINAL ACTIVITY

PEORIA - Harrison Homes South manager Jimmey Garry had the chance to apply
the one-strike eviction policy Thursday morning before sharing how it works
with other state public housing officials.

"We actually had an opportunity to use the one-strike rules during
inspections today, but I'm glad to say no one was evicted," Garry said,
speaking at a session on legal liabilities for public housing authorities
at the three-day National Organization of Housing Redevelopment
Organization, or NAHRO conference, at the Holiday Inn City Centre.

Brian Mooty, Peoria Housing Authority attorney, teamed with Bloomington
Housing Authority executive director Donna Nickels to issue an 11-page,
step-by-step instruction booklet to other state public housing officials on
how to apply the controversial one-strike law to curb drug and criminal
activity in public housing units.

"Peoria, quite frankly, is really ahead of the game in applying the
one-strike policy, even before and after the Supreme Court ruling," Mooty said.

The Supreme Court heard cases filed by Pearlie Rucker and three other
elderly tenants of the Oakland, Calif., Housing Authority, who sued
successfully in federal court to enjoin their eviction from public housing
because of drug-related crime engaged in by members of their households,
including caregivers.

The senior citizens argued that evicting them without proof they knew about
the criminal activity or had some control over it was both unfair and
illegal and won in lower courts.

In the May ruling, The Supreme Court said the one-strike law, passed in
1988 amid complaints about drug crimes in public housing, was a legal
remedy to remove problem tenants.

Aurthur Perkins, PHA board chairwoman and John Taylor, PHA housing
management director, shared their experiences on applying the one-strike
policy for the drug use or criminal activity of one family member,
regardless of whether the use was on public housing property or if anyone
else knew about it.

"This is a very important tool," Perkins said. "We use it because we want
everyone to have a safe, affordable place to live."

Taylor told the group that the PHA uses the law on a case-by-case basis.

"In some cases, we can tell the residents about the person involved in the
drug or criminal activity and they will remove that person on their own to
avoid eviction," Taylor said.

Lynne Cardwell, PHA spokeswoman, said at least 20 PHA tenants received
warnings under the one-strike law, but were allowed a second chance to live
in public housing if they removed the drug user or criminal from their home
and abided by stringent guidelines.

The outcome of the Rucker case was considered a matter of importance by the
NAHRO - an association representing public housing administrators - because
it directly impacts their ability to provide safe living environments.

The ruling affects anyone who lives in public housing. Senior citizens
groups argued that the elderly would be hurt the most. More than 1.7
million families headed by people older than 61 live in government
subsidized housing, officials said.
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