HUD Tenants Tainted by Relatives’ Drug Use

Pearlie, Willie, Barbara and Herman are tenants of the local housing authority. Because their rents are subsidized by the U.S. Department of Housing and Urban Development, their leases specify that 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.

If you were the judge, 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 1st 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.