Pubdate: Thu, 04 Apr 2002 Source: Ft. Worth Star-Telegram (TX) Copyright: 2002 Star-Telegram, Fort Worth, Texas Contact: http://www.star-telegram.com/ Details: http://www.mapinc.org/media/162 Author: Don Erler Alert: It Is Not OK To Evict Granny http://www.mapinc.org/alert/0237.html Tolerance: Sometimes zero is the right degree A continuing debate between liberals and conservatives centers on crime and punishment. Right-thinkers generally prefer being tough on criminals, even against liberals' justified caution that incarcerating miscreants can harm their innocent families, because we care about the happiness and safety of communities. Last Friday, I was reminded of my fondness for toughness when the driver of a large pickup zoomed through crowded 60-70 mph freeway traffic at close to 90. A huge traffic fine - which, of course, might well take food out of the mouths of his children - is utterly inadequate. The law should permit forfeiture of these vehicles-cum-missiles being demolition-derbied at, say, 20-plus mph over the speed limit or being operated by drunken drivers. And I have reason to think that some of our brightest left-leaners are becoming right-thinkers about such matters. The March 26 Supreme Court decision in the case of Department of Housing and Urban Development vs. Rucker supports my contention. Congress decreed that each "public housing agency shall utilize leases which ... provide that any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other tenants or any drug-related criminal activity on or off such premises, engaged in by a public housing tenant, any member of the tenant's household, or any other person under the tenant's control, shall be cause for termination of tenancy." Long-time residents of HUD-owned housing were given eviction notices because, in one case, a tenant's live-in daughter was found with cocaine three blocks from her apartment. In another case, a 30-year tenant was asked to move because her grandson admitted smoking marijuana in the parking lot. Such actions seem draconian. After all, how could the one tenant control her daughter's drug use from a distance of three blocks? How can a grandmother possibly control her headstrong grandson outside her home? Isn't this zero-tolerance approach to law a textbook invitation for judicial liberals to attack HUD on civil liberties grounds? The 9th U.S. Circuit Court of Appeals thought that the evictions probably violated due process of law. Regardless, that court decided, the law itself bars eviction when the tenant, "for a lack of knowledge or other reason, could not realistically exercise control over the conduct of a household member or guest." Wrong, wrote the unanimous Supremes, whose liberal and conservative wings are closely balanced. The 9th Circuit's interpretation of the law "runs counter to basic rules of grammar." Besides, wrote Chief Justice William Rehnquist, Congress could have been less harsh (as it has been in some forfeiture legislation) and chose not to be. Moreover, the statute does not require eviction, leaving that decision up to the local housing agency authorities. Thus, the court ruled that Congress gave "local housing authorities the discretion to terminate the lease of a tenant when a member of the household or a guest engages in drug-related activity, regardless of whether the tenant knows, or should have known, of the drug-related activity." Many professional "advocates for the poor" abhor this decision. But "many poor people in crime-ridden housing projects," as reported in The New York Times, support such zero-tolerance policies. The Supreme Court's liberals do occasionally join conservatives in seeing the right light. Don Erler is president of General Building Maintenance. - --- MAP posted-by: Jay Bergstrom