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CHA Drops Plan to Drug Test Public Housing Residents

The Chicago Housing Authority (CHA) has dropped its proposal to require all adults living in its properties to undergo random drug tests. Tenants who tested positive under the plan would have been evicted.

There will be no drug testing of residents at Lake Parc Place or any other CHA properties. (Image courtesy CHA)
The CHA also said Tuesday it would keep the "innocent tenant defense" that the proposal had also targeted. That allows tenants who face eviction because a household member or relative committed a drug offense or other crime to appeal against eviction on the grounds they were not aware of the offense.

The reversal comes after weeks of criticism from residents, activists, and the ACLU of Illinois. The man who sought to implement the proposal, CHA CEO Lewis Jordan, has resigned as well.

"The CHA received a tremendous amount of feedback during the public comment period, and simply, the result of that is that CHA will not move forward," CHA spokeswoman Kellie O'Connell-Miller told the Chicago Sun-Times.

The decision was "welcome news," said ACLU of Illinois senior staff counsel Adam Schwartz. "There is no evidence that individuals who rent CHA apartments are more likely to use drugs than residents in other rental properties throughout the City of Chicago. Singling out these individuals simply is unnecessary and a diversion of precious resources," Schwartz said. "We applaud the Board for listening to the voices of the residents and dropping this harmful proposal."

The CHA Central Advisory Council, consisting of CHA tenant leaders, also applauded the agency's change of course. "CHA made a wise decision. There were just too many issues associated with drug testing," said Robert Whitfield, Central Advisory Council attorney.

Chicago, IL
United States

CHA Gets Angry Earful Over Drug Testing Proposal

As we reported last week, the Chicago Housing Authority (CHA) has proposed requiring all adults living in public housing -- including senior citizens -- to take a drug test. If the person failed the drug test, he or she would be evicted. It also proposed evicting any resident whose family members gets arrested on drug charges.

Lake Parc Place residents let CHA CEO Lewis Jordan know what they thought of his bright idea. (Image courtesy CHA)
The CHA held a public hearing Thursday night, and if the response was an indication, that trial balloon is going over like a lead balloon. While one speaker supported the plan, the rest lashed out at the CHA and its new CEO, Lewis Jordan, the man who crafted the proposal.

"We all want a safe, healthy and drug-free environment, but the reality is we don't live in a drug-free world, a drug-free Chicago, a drug-free Illinois," said Darlene Hale, a CHA resident, in remarks reported by the Chicago Sun-Times. "How in the world can you demand that poor people be subjected to rules and regulations that is going to put them on the street and create more homeless people?" she asked.

Renaud Tatum, an 11-year resident at Lake Parc Place, said he was "highly offended" when he read about drug testing aimed at the poor. "I challenge Mr. Jordan to hire a third-party consulting firm to do scientific research to substantiate a correlation between low-income people having a higher use of drugs then people with higher incomes," he said.

Audrey Motes, a Lake Parc Place resident, told CHA officials she faces eviction because her adult son, who doesn't live with her, was arrested on a drug offense. She pleaded with Jordan to be able to stay.

"I'm not the one who did anything wrong," she said. "He is a 28-year-old man, and I raised him to do better. "I was at work just like I am now and he was out here getting into trouble. Why should that affect me? I don't feel that is right."

But Jordan wants to remove language that says the "resident may raise a defense that the resident did not know, nor should have known, of said criminal activity."

"Removing the innocent tenant defense from the lease agreement will, in my opinion, do nothing to reduce crime at public housing developments," said Lawrence Wood, an attorney with the Legal Assistance Foundation for Metropolitan Chicago. "All it will do is ensure that innocent people are evicted for crimes that they did not foresee and that they could do nothing to prevent."

Under the current language, Motes can stay -- if she bars her son from coming to see her.

"If I agree to be on probation for six months and bar him from visiting the building, then I can keep my apartment," she said. "But I am going to fight it to the end. They are destroying these people's families. You've got to put your child out and bar them from the building. They are breaking up people's families. It's just ridiculous."

"These policies are wrong and should not be applied to our people." Alderman Pat Dowell told Jordan.

As the public hearing ended, Jordan tried to be conciliatory. He had broached the ideas after hearing from frightened residents, he said.

"Because of the drug environment, sometimes they feel very unsafe," Jordan said. "We're just trying to find a balance and again I just want to stress the fact that we're here to listen and a final decision hasn't been made."

We will shortly find out whether Jordan actually did listen to CHA residents. If he did, he will drop the proposals in short order.

Chicago, IL
United States

Chicago Housing Authority Wants to Drug Test Residents

The Chicago Housing Authority wants to require all current and future adult residents -- including senior citizens -- to pass a drug test. A positive drug test would result in an eviction notice for the resident.

The CHA wants you to pass a drug test if you live in the Kenmore or any other CHA properties. (Image courtesy CHA)
The proposal is one of several changes to the CHA's Admission and Continued Occupancy Policy submitted by CEO Lewis Jordan. Jordan and other agency officials argue they need more tools to fight crime and drugs in the housing projects.

The American Civil Liberties Union accused the CHA of subjecting the poor to a double standard, while resident leaders said the proposal was humiliating.

"The ACLU opposes drug testing in the absence of suspicion as a condition of residency in public housing," senior lawyer Adam Schwartz told the Chicago Sun-Times. "From our perspective, drug testing without suspicion is humiliating. It's stigmatizing. There's a double standard here," he said. "All across our city and our country, when most of us who are in whatever income bracket rent housing, we don't have to take a drug test. This is an emerging one standard for poor people and another standard for everyone else."

"Singling us out for this type of humiliation is a slap in the face of what this whole 'Plan for Transformation' supposedly is about," Myra King, chair of the central advisory council of tenant leaders for all CHA housing in the city, told the Sun-Times. "CHA says they're doing this plan to make us privy to the same standards as any other citizen in any other community. If that's true, why are we the only citizens to be drug tested?"

Lewis's "Plan for Transformation" also includes eliminating the "innocent tenant defense," which allows residents whose relatives or guests committed a drug offense or crime of violence to avoid eviction if they can show they were unaware of the activity. In a 2002 case, the US Supreme Court ruled that housing authorities could evict innocent tenants, but they are not required to. Former CHA head Terry Peterson had reached an agreement with tenants that allowed the continued use of the defense if it could be proved in court.

Spokeswoman Kellie O'Connell-Miller defended the proposals, pointing out that several CHA mixed-income properties currently require drug testing. "These are policies to help strengthen and improve the safety of our public housing communities," O'Connell-Miller said. "We're constantly hearing from law-abiding residents that they want us to hold the non-law abiding residents more accountable. We're trying to tighten up our lease with some of these issues. Drug dealers won't come where there are no buyers. If you remove the folks who are interested in drugs, hopefully it will remove some of the problems," she said.

Making the policy system wide would apply it to some 16,000 families living in family and senior public housing. The CHA has not estimated the cost of the proposal, O'Connell-Miller said.

The proposals are open to public comment through June 16, with a public hearing set for Thursday. If the proposal is adopted, it must then be approved by the CHA Board and then the federal Department of Housing and Urban Development.

And then the CHA can spend good money fighting (and most likely losing), the inevitable legal challenges. The precedent here is the state of Michigan's 1990s law mandating the suspicionless drug testing of welfare recipients. It was rejected by the federal courts in 2003 for violating Fourth Amendment proscriptions against unreasonable search and seizure.

Chicago, IL
United States

HUD Says Medical Marijuana Policies Up to Local Housing Authorities

A Colorado-based non-profit has received a statement from the U.S. Department of Housing and Urban Development (HUD) making it clear that local housing authorities themselves are responsible for determining policies regarding medical marijuana use by recipients of federal housing assistance. "PHAs [public housing authorities] have discretion to determine, on a case by case basis, the appropriateness of program termination for the use of medical marijuana," Milan M. Ozdinec, the deputy assistant secretary for Public Housing and Voucher Program, said in the statement.
Publication/Source: 
The Huffington Post (CA)
URL: 
http://www.huffingtonpost.com/2011/03/16/colorado-medical-marijuan_65_n_836879.html

Michigan Woman with Fibromyalgia Evicted from Federally Subsidized Apartment for Using Medical Marijuana

Location: 
Jackson, MI
United States
At 25 years old, Shannon Sterner lives with pain. The Leoni Township resident has tried medications to manage the effects of fibromyalgia and reactive arthritis brought on by an infection. For the last nine months, she has been using a new method to deal with the discomfort caused by her conditions: medical marijuana. But her use of the drug, allowed under Michigan’s medical marijuana law, resulted in eviction from her federally subsidized apartment this week.
Publication/Source: 
Jackson Citizen Patriot (MI)
URL: 
http://www.mlive.com/news/jackson/index.ssf/2011/01/woman_evicted_from_federally_s.html

ACLU: Flint Can't Require Drug Tests for Subsidized Tenants

Location: 
Flint, MI
United States
The executive director of the Flint Housing Commission wants drug testing to be a lease condition for people who rent subsidized housing, but the ACLU says that would be unconstitutional and is threatening a class action lawsuit if they enact a drug testing policy.
Publication/Source: 
Michigan Radio (MI)
URL: 
http://www.publicbroadcasting.net/michigan/news.newsmain/article/1/0/1687523/Michigan.News/ACLU.Flint.can%27t.require.drug.tests.for.subsidized.tenants

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