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| Housing Eviction Law To Be Considered |
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Posted by FoM on September 25, 2001 at 12:14:01 PT By James Vicini Source: Reuters 
The U.S. Supreme Court said on Tuesday it would hear a Justice Department appeal arguing 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.Announcing cases it will decide before its new term officially opens next Monday, the high court agreed to consider reinstating 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, which was announced by then-President Bill Clinton in 1996, on the grounds that Congress never approved of such evictions when tenants had been unaware of the drug activity. It ruled tenants could not be evicted if they took reasonable steps to prevent drug activity from occurring, but, because of lack of knowledge, could not realistically exercise control over the conduct of a household member or guest. The Justice Department appealed, telling the Supreme Court the ruling would ``deprive public housing authorities of an important tool to achieve safe and livable public housing.'' The Oakland Housing Authority also appealed, saying tenants ''live in fear of violence every day due to the serious drug epidemic existing in public housing.'' 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, was caught with another grandson of Hill and 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 barred the Oakland Housing Authority from evicting any tenants without proof the tenant took part in or knew of the illegal drug activity. The full appeals court upheld the injunction. Attorneys for the tenants urged that the appeal be denied. They told the Supreme Court the ruling simply upheld the injunction, the case was ongoing before the federal judge and there had yet to be a final resolution on the merits. The Supreme Court will hear arguments in the case early next year, with a decision due by the end of June. Complete Title: Housing Eviction Law To Be Considered by Supreme Court Source: Reuters Related Articles: Court To Probe Zero-Tolerance Policy America Loses Taste for 'Zero Tolerance' A Debatable War on Drugs Home Comment Email Register Recent Comments Help |
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Comment #2 posted by krutch on September 25, 2001 at 12:57:46 PT:
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| "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." Why would anyone go to court to evict a 71 year old man because his grandson is getting high in the parking lot. Why should Mr. Lee be held responsible for his grandson's crimes. If his grandson stabbed someone in the parking lot would the government try to evict him? This is yet another example of laws being passed to maximize harm. Now the government can say "look what these evil drugs do to people.A 71 year old man is now on the streets because of his grandson's drug use. I see things differently. I think Mr. Lee is on the streets because of stupid and out of touch policies. In a country where terrorists fly jets into buildings the government should not even worry about peoples' drug habits. Remember the ex-cops scetch from Saturday Night Live in the 1970's. The ex-cops would come into someone's house who was smoking pot beat them to death, and then say to each other "looks like another marijuana related death. That is what the government is doing here. I feel like I have died and gone to fascist heaven. It is time to stand up to these morons. [ Post Comment ] |
| Comment #1 posted by Silent_Observer on September 25, 2001 at 12:37:15 PT |
| "Behind the Veil"? If our government is trying to wint he hearts and minds of the citizens, its sure using some strange techniques. I'm appalled that the citizens of this country are being terrorized both from within and from without. [ Post Comment ] |
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