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News (Media Awareness Project) - US: Court Upholds Drug Evictions
Title:US: Court Upholds Drug Evictions
Published On:2002-03-27
Source:High Point Enterprise (NC)
Fetched On:2008-01-24 14:20:42
COURT UPHOLDS DRUG EVICTIONS

The Supreme Court upheld a federal policy Thursday which allows local
housing agencies to evict tenants and their families who use drugs or
participate in drug-related activities.

Chief Justice William Rehnquist said the federal law gives local public
housing authorities the power to evict the residents, even if the residents
didn't know about the drug use. The decision was unanimous, though Justice
Stephen Breyer did not take part in the ruling. Four elderly public housing
residents from California challenged their evictions, arguing it was
unconstitutional and not authorized under federal law.

Court officials disagreed and said the law was meant to be broad in its
implementation, allowing for evictions to occur even if tenants were not
directly involved or had no knowledge about the drug use.

"A tenant who cannot control drug crime ... is a threat to other residents
and the project," the court said.

Thursday's decision supports the High Point Housing Authority's policy to
terminate the lease of any resident who participates in any drug-related
activities, including illegal manufacture, sale, distribution, use or
possession of a controlled substance on or off public housing premises.

Larry Raines, the authority's interim executive director, said housing
officials across the country were well aware of the case.

"We've been watching this and reading about it in trade publications for
months," Raines said. "We didn't really have an alternate plan here in High
Point because we thought the Supreme Court would uphold the law."

Raines said there were 19 drug-related evictions in 2001 and two so far
this year.

"We average between 15 to 25 every year," Raines said. "Most of the time,
the people involved will know they're guilty and will move before they have
to go to court. Our lease agreement provides that we don't have to have a
hearing or wait until they go to court. We streamlined it a few years ago."

Despite the fact that four elderly residents were involved in the case
before the Supreme Court, Raines said he doesn't believe many senior
citizens are involved in cases in High Point.

"I don't believe that's been the case here," Raines said. "Most of the
cases I've seen or heard about involved younger people. We did have a
problem a long time ago with drink houses, which did involve some elderly
residents. But no drug-related cases."

The Associated Press contributed to this story.
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