SUPREME COURT UPHOLDS ZERO-TOLERANCE EVICTION POLICY

Drug Policy: Illegal Activity, Even Without Tenants' Knowledge, Is Grounds
For Eviction

In a decision that arose out of an Oakland case involving four elderly
residents, the U.S. Supreme Court on Tuesday ruled public housing agencies
can evict tenants for any illegal drug activity by other household members
or guests.

Tuesday's unanimous ruling, which affects anyone who lives in public
housing and was widely awaited by public housing groups and advocates,
overturns a 9th U.S. Circuit Court of Appeals decision that prevented the
enforcement of the "one strike and you're out" policy by the Department of
Housing and Urban Development that allows evictions even if the tenants are
unaware of the illegal drug activity.

While critics have assailed it as harsh and draconian, public housing
officials insist the zero tolerance policy is necessary in their fight
against drug-related crime in their housing projects.

"It gives us another tool we can use to hold residents to a higher standard
and work in partnership to eradicate the image of public housing being
havens for drug users," said Sharon Harrison Brown, deputy executive
director of the Oakland Housing Authority.

Nancy Segerdahl, a spokeswoman for the Department of Housing and Urban
Development in Washington, D.C., called the decision a "great victory" for
public housing residents. But a spokeswoman for the Oakland-based Eviction
Defense Center, one of the lead legal teams which represented the four
tenants, said she was "disgusted and disappointed" by the ruling.

"Unfortunately, it means that innocent tenants can be evicted out of their
home and punished for the actions of other people, which is ridiculous,"
said Anne Tamiko Omura, executive director of the center, which plans to
continue to fight the evictions on other grounds in state court. "We're
going to do anything we can to keep these tenants in these homes. We don't
want them to be homeless."

Dan Abrahamson, director of legal affairs for Drug Policy Alliance, which
filed a brief in the case, also denounced the ruling. "Homelessness is a
cruel price to pay for a crime you had nothing to do with," he said.

No One Evicted

None of the Oakland tenants have been evicted, and Brown said the Oakland
Housing Authority plans to work with them to resolve any issues that led to
the eviction proceedings.

The case began in late 1997 and early 1998 when the housing authority began
eviction proceedings against four elderly longtime tenants.

Pearlie Rucker, 67, had been living in public housing since 1985 when she
was informed she would be evicted. She lived with her mentally disabled
daughter, two grandchildren and a great-granddaughter.

The housing authority alleged Rucker's daughter was found with cocaine and
a crack pipe three blocks from her apartment. Eviction proceedings had
already been halted before the ruling. Rucker was allowed to remain in her
home after her daughter moved out.

Grandsons Caught

Willie Lee, 75, and Barbara Hill, 66, who have lived in public housing for
more than three decades, also received eviction notices after allegations
that their grandsons were caught smoking marijuana in the apartment complex
parking lot.

"I didn't know anything about what happened; I still don't. I wouldn't know
where I'm going if they evict me. I feel bad about it," said Lee, adding
her grandson no longer lives with her.

Herman Walker, 78, is disabled and had lived in public housing for 10 years
when eviction proceedings began after his caregiver and two others
allegedly were found with cocaine in his apartment.

Chief Justice William H. Rehnquist, who wrote the opinion, said federal law
was unambiguous in giving local public housing authorities the discretion
to end a tenant's lease when a member of the household or guest engages in
drug-related activity.

Rehnquist wrote: "Regardless of knowledge, a tenant who cannot control drug
crime, or other criminal activities by a household member which threaten
health or safety of residents, is a threat to other residents and the project."

He said Congress adopted the law at a time when drug dealers were
"increasingly imposing a reign of terror" on public and other federally
assisted low-income housing tenants.

Justice Stephen Breyer did not participate in the decision because his
brother, a federal district court judge, ruled on the case.

Oakland Housing Authority, which has 3,308 units, said it evicts about 10
tenants a year for drug-related activity, and that the authority's police
agency made 700 felony arrests for such activity between January 1998 and
November.

In San Francisco, a court order has prevented housing officials from
enforcing any drug-related evictions since the 9th Circuit ruling was
issued in 1998, according to a HUD spokesman.