Pubdate: Mon, 14 Feb 2000 Source: Bakersfield Californian (CA) Copyright: 2000, The Bakersfield Californian. Contact: PO Box 440, Bakersfield, CA 93302-0440 Website: http://www.bakersfield.com/ Author: Associated Press RULING MAKES IT EASIER TO EVICT OVER DRUG USE SAN FRANCISCO (AP) - A public housing tenant can be evicted for a household member's drug use even if the tenant was unaware of it, a federal appeals court ruled Monday. The federal government's "one-strike" eviction policy, which applies to more than 3 million low-income tenants nationwide, is a reasonable step toward making public housing safe and drug-free, said the 9th U.S. Circuit Court of Appeals. The 2-1 ruling, one of a handful of court decisions on the issue, overturned a federal judge's 1988 order that barred the Oakland Housing Authority from evicting tenants because of their housemates' off-premises drug activities. U.S. District Judge Charles Breyer said such evictions did not appear to be authorized by federal law and would not discourage drug crimes. But the appeals court said the Department of Housing and Urban Development's policy was legally authorized and aimed at "preventing tenants from turning a blind eye to the conduct of a household member or guest." In adopting regulations in 1991, HUD used similar wording but refused to exempt tenants who were unaware of the drug activity. The regulations do not require evictions but leave the decision up to each of the more than 3,000 local housing agencies. The Oakland case involved evictions of four residents, who have been allowed to keep their apartments because of Breyer's injunction. - --- MAP posted-by: Jo-D