NCJ Number
144971
Journal
Yale Law and Policy Review Volume: 9 Issue: 1 Dated: (1991) Pages: 161-189
Date Published
1991
Length
29 pages
Annotation
In the Anti-Drug Abuse Act of 1988, Congress enacted legislation requiring Public Housing Authorities to include in their leases provisions that explicitly make drug-related activities, including possession, use, and trafficking, grounds for eviction.
Abstract
This article reviews the extent of the drug and crime problems facing public housing developments and outlines recent congressional and administrative actions to combat these problems. It analyzes the legal and policy shortcomings of the current drug eviction policy, highlighting issues including standardless enforcement, vicarious liability, and excessive punishment, particularly with regard to drug offenders' family members. The author concludes that the policy is unwise because it conflicts with other public housing and welfare goals, unjust in its potentially arbitrary enforcement, unnecessary because alternative measures could be sought, and insufficient in meeting the complex crises facing public housing. Recommendations focus on statutory changes, administrative changes, and increased investments in public housing. 118 notes