Buena Park Passes Ordinance Requiring Eviction of Arrestees

The Buena Park City Council adopted an ordinance Tuesday night that requires landlords to evict tenants who are arrested on suspicion of drug- or gang-related activities in their apartment buildings.

On a 4-1 council vote, Buena Park became the second city in the state to enact a law requiring landlords to help authorities curb crime. The ordinance is modeled after one Los Angeles passed two years ago.

Police Capt. Gary Hicken called passage of the measure a “victory” for law-abiding residents.

Police and the Apartment Assn. of Orange County, which has 45 members in Buena Park, pushed for the new ordinance. It is intended to give police and landlords a tool to help prevent the decay of neighborhoods that can come with constant drug sale or gang activities.

But a lawyer with the American Civil Liberties Union of Southern California said Tuesday that the group is considering filing a lawsuit against Buena Park’s ordinance.

“Our concern is that the proposal would deny due process and reverse the presumption of innocence,” said Dan Tokaji, the ACLU attorney.

The new law requires eviction based on an arrest, not a conviction. Innocent people mistakenly arrested would still face eviction.

Councilman Patsy Marshall, the lone dissenter, also was concerned that the local measure would not give people due process.

“I don’t like criminals,” Marshall said prior to the meeting. “I’d like to ship them all out of Buena Park. But I took an oath to uphold the Constitution, which says everyone is allowed due process in law.”