H.U.D. TENANTS EVICTED FOR THEIR RELATIVES' DRUG ACTIVITY

Pearlie, Willie, Barbara and Herman are tenants of the local housing
authority. Since their rents are subsidized by the U.S. Department of
Housing and Urban Development, their leases specify the tenants, household
members and guests shall not engage in illegal drug-related activity on or
off the premises.

Pearlie's daughter was found to be in possession of cocaine three blocks
from the apartment. Willie's grandson was caught using marijuana in the
parking lot, as was Barbara's grandson. Herman is disabled, and his
caregiver, Eleanor, was arrested for possession of narcotics paraphernalia
several times.

The housing authority began eviction of Pearlie, Willie, Barbara and Herman
for the illegal drug-related activity. The tenants sought a court
injunction to stop their evictions, arguing that because they did not
personally engage in the illegal drug-related activity, they should not be
evicted from federally subsidized housing.

Would you order Pearlie, Willie, Barbara and Herman evicted?

The judge said yes.

Federal housing laws and HUD regulations prohibit illegal drug activity
in federally subsidized housing, the judge said. When Pearlie, Willie,
Barbara and Herman signed their leases, they agreed not to allow illegal
drug-related activity in their apartments and that their household members
and guests would not engage in drug-related activity, on or off the
premises, the judge said.

These federal laws and regulations do not violate the U.S. Constitution's
First Amendment rights of association and are not an excessive fine, the
judge said. In Herman's special disability situation, he said, Herman had
several opportunities to dismiss his caregiver after she was found to have
drug paraphernalia, but he failed to do so.

Although Pearlie, Willie, Barbara and Herman did not personally engage in
illegal drug-related activity, their household members and guests did, the
judge said. Therefore, under HUD regulations, these tenants can be evicted
from HUD federally subsidized housing, the judge ruled.

Based on the 2000 U.S. Court of Appeals decision in Rucker vs. Davis, 203
Fed.3d 627.