Pubdate: Fri, 05 Apr 2002
Source: San Francisco Chronicle (CA)
Copyright: 2002 Hearst Communications Inc.
Contact:  http://www.sfgate.com/chronicle/
Details: http://www.mapinc.org/media/388
Author: Jim Herron Zamora

'ONE STRIKE' TENANTS KEEP APARTMENTS IN OAKLAND 3 OF 4 EVICTIONS DROPPED
ALTHOUGH LAW UPHELD

A week after its stringent "one strike" drug eviction policy was upheld by
the U.S. Supreme Court, the Oakland Housing Authority dropped plans
yesterday to evict three of four elderly tenants who filed the legal
challenge.

Jon Gresley, executive director of the housing authority, announced that
Pearlie Rucker, Barbara Hill and Willie Lee can stay in public housing after
losing their four-year court battle. The fourth tenant, Herman Walker, is
still subject to eviction, Gresley said.

Last week, the high court ruled unanimously that Oakland public housing
officials were within their rights to evict an entire household if even one
member is arrested for a drug violation.

After reviewing all four cases, Gresley said he canceled three evictions
because the problems prompting eviction were subsequently resolved while the
legal challenge was winding its way through the courts.

But the agency plans to press forward with the eviction of Walker, who is 75
and disabled. He was ordered to leave his apartment in 1998 after being
warned three times that his caretaker had possessed a crack pipe. Gresley
said yesterday that there have been other problems since initial eviction
order.

"There have been several incidents involving a number of different guests,"
Gresley said. "Mr. Walker's continued occupancy of an apartment in a
building housing other seniors poses a threat to other residents of the
building."

Bill Simpich, one the attorneys representing tenants, praised the authority
for letting Hill, Lee and Rucker stay but criticized the agency for picking
on Walker.

"It's just the saddest thing imaginable," Simpich said. "I'm not surprised
but I am disgusted. What possible reason could they have for this besides
pure meanness?"
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