HIGH COURT UPHOLDS HOUSING EVICTION LAW

WASHINGTON (Reuters) - A unanimous U.S. Supreme Court ruled on
Tuesday that public housing tenants can be evicted for any illegal
drug activity by household members or guests, even if they did not
know about it.

In an opinion written by Chief Justice William Rehnquist, the high
court reinstated the Department of Housing and Urban Development's
``One Strike and You're Out'' policy, which authorized public housing
officials to evict innocent tenants.

A U.S. appeals court in California barred enforcement of the policy,
announced in 1996 by President Bill Clinton, on the grounds Congress
never approved of such evictions when tenants were unaware of the
drug activity.

Rehnquist said the appeals court was wrong.

He said the law's plain language unambiguously requires lease terms
giving local public housing authorities the power to end a tenant's
lease when a member of the household or guest engages in drug-related
activity, regardless of whether the tenant knew or should have known
of the drug activity.

The ruling was a victory for the Justice Department and the Oakland
Housing Authority.

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

Pearlie Rucker, 63, 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 cocaine pipe three blocks from her apartment.

Willie Lee, 71, who has lived in public housing for more than 25
years, received notice of eviction after allegations that her
grandson was caught smoking marijuana in the apartment complex
parking lot.

The grandson of another tenant, Barbara Hill, 63, who has lived in
public housing for more than 30 years, admitted smoking marijuana in
the parking lot.

Herman Walker, 75 and disabled, 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.

A federal judge in California and then the appeals court barred the
Oakland Housing Authority from evicting any tenants without proof the
tenant took part in or knew of the illegal drug activity.

Rehnquist reversed the ruling, saying Congress addressed the issue by
deciding not to require that the tenant must have knowledge of any
drug-dealing activity.