Pubdate: Mon, 06 May 2002 Source: Herald-Sun, The (NC) Copyright: 2002 The Herald-Sun Contact: http://www.herald-sun.com Details: http://www.mapinc.org/media/1428 Alert: It Is Not OK To Evict Granny http://www.mapinc.org/alert/0237.html DURHAM HOUSING AUTHORITY: CLOSE CALL FOR AN INNOCENT TENANT District Court Judge Marcia Morey did justice a good turn when she refused to permit the eviction of a McDougald Terrace woman and her children who were unwittingly caught up in a failed drug bust on her back porch. The Durham Housing Authority (DHA) had sought the removal under a zero-tolerance policy that allows people in public housing to be summarily evicted if any family member or guest is involved in drug activity - whether the head of the household knows about it or not. In this case, Jackie Kersey didn't know about the incident that occurred on her back porch after an unidentified man knocked on her door and asked her to braid his hair. Kersey braids hair to pick up extra income, but she told the man the hour was too late. The man left, but an undercover police officer reportedly tagged him in a drug sting on Kersey's back porch. Realizing what was happening, the man fled. Police didn't catch him. Shortly after the incident, DHA told Kersey she would be evicted because she knew the man was involved in drug activity. But she didn't know what had happened, and a Durham magistrate agreed with her. The Housing Authority appealed the magistrate's decision to district court, where Judge Morey properly ruled in Kersey's favor. The man was not a visitor in Kersey's dwelling nor was he a guest. She had no control over him. One could hardly find a better case to illustrate how unfair a zero-tolerance policy can be against an innocent tenant. DHA Director James Tabron had trouble deciding how to come down on the issue. First, he told The Herald-Sun that in the Kersey case, "we really wished the outcome had been different." Then, he said zero tolerance, affirmed by a recent U.S. Supreme Court ruling, "is clearly not an absolute application." But wasn't zero tolerance being applied against Jackie Kersey, no matter the facts in the case? Judge Morey thought so. In fairness, the Durham Housing Authority has generally used good judgment in evictions, which run about 35 to 50 a year, usually for nonpayment of rent. This time, though, an astute magistrate and a district court judge averted a serious injustice. If they could see it so easily, the Durham Housing Authority should have seen it, too. - --- MAP posted-by: Ariel