The federally-funded legal services program in Washington has engaged
in litigation attacking the eviction of criminals from public housing and
representing other undeserving individuals. In addition, legal services
lawyers have attacked policies designed to help the poor turn their lives
around, which includes a successful lawsuit against a homeless shelter’s
“tough love “ policy.
Homeless Shelter Sued for Enforcing Strict Conduct Policy
In 1995, a Spokane homeless shelter was forced to abandon its “tough
love” policy requiring residents to abide by a strict code of conduct
because a legal services lawsuit charged that the rules violated tenants’
civil rights. The shelter, developed by a joint public-private partnership,
offered tenants clean, renovated day rooms, kitchens, cable TVs and free
bedding in exchange for which tenants agreed to not use drugs or alcohol,
carry firearms or bring in prostitutes. In addition, they had to submit
to mandatory urinalysis, room inspections and attend substance abuse counseling.
Any tenant who violated the rules was immediately evicted. However, Spokane
Legal Services immediately sued the quick eviction policy. They charged
that the shelter had to conform to federal due process guarantees and state
landlord-tenant laws in evicting tenants. This requires a cumbersome process
of hearings and notices whose practical effect is to draw out evictions
indefinitely, making it impossible for the shelter to punish troublemakers.
The shelter’s management argued that the tenants need tough rules to get
their lives back together because the large majority are alcoholics or
drug addicts. Nevertheless, legal services succeeded in stopping HUD from
subsidizing the tenants’ rent, forcing the shelter to abandon the rules.
As a result, the shelter is now dilapidated and most of the tenants who
had moved there to turn their lives around have left.
See “Tough Love vs. Civil Rights,” Los Angeles Times, July 3
1995, pg. A1
Stops Quick Evictions of Criminals from Public Housing
In 1994, Evergreen Legal Services successfully overturned a HUD ruling that allowed Washington public housing authorities to quickly evict tenants involved in criminal activity. The case began in 1991 when HUD informed the state that public housing authorities could drop the time-consuming grievance hearings for crime related evictions. However, soon after housing authorities started evicting problem tenants, Evergreen Legal Services filed suit alleging that HUD violated administrative procedures in promulgating its opinion. A US Appeals Court agreed and disallowed the HUD ruling.
See Yesler Terrace v. Cisneros, 37 F.3d 442, US App. Ct.,
1994
Overturns Ban on Homes For Troubled Teens in Residential Areas
In 1995, Evergreen Legal Services overturned a Bellevue city ordinance prohibiting the placement of group homes for emotionally disturbed teenagers in residential areas. The city adopted the law after residents expressed concern about crime-prone teenagers with mental disabilities living in their neighborhoods. Evergreen Legal Services challenged the law as being discriminatory against children with disabilities. A state hearings board agreed and struck down the law.
See Keith Ervin, “Bellevue Teen Home Ban Illegal,” The
Seattle Times, July 26 1996, pg. B1
Defends Right of Rapist to Live in Public Housing
In 1990, Puget Sound Legal Assistance sued the Tacoma public housing
authority for not letting a five-time convicted rapist live in one of their
apartments. The case began in 1985 when the authority removed Ben Saxton
from the lease with his wife Lora after they discovered he had been sent
to prison. After his release in 1990, Lora requested that Ben be readmitted
to her apartment. However, the authority found that Saxton had not just
one but five rape convictions and denied him admission given his “history
of criminal activity.” Puget Sound lawyers challenged the denial on the
technical grounds that they didn’t give her a grievance hearing. A US Appeals
Court ruled against legal services. Calling a history of criminal activity
a legitimate consideration for a housing authority in assessing prospective
tenants, the court concluded there is no evidence “to warrant admitting
for residence . . . a five-time convicted rapist, just released from prison.”
See Saxton v. Tacoma Housing Auth., 1 F.3d 881, US App.
Ct., 1993
Stops Eviction of Psychotic Man Who Terrorized Woman
In 1990, Evergreen Legal Services stopped the Everett public housing
authority from evicting a man who had tried to run over his neighbor with
a car. Ray Terry, a dangerous psychotic allowed to live in public housing
because of his “mental handicap,” had been subjecting his neighbor, Bessie
Neighbors, to a litany of verbal abuse, physical intimidation and other
violent behavior. On one occasion, Terry tried to run down Neighbors with
his car, driving over a lawn and stopping only one foot from the porch
where she had taken refuge. Beginning in June 1988, Neighbors obtained
a series of civil protection orders against Terry, all of which he violated.
After receiving 12 complaints from Neighbors, the authority ordered Terry's
eviction. Evergreen Legal Services took up Terry’s cause and fought the
eviction for two years -- during which time he continued his threatening
conduct against Neighbors. Legal services argued that the eviction notice
was deficient because the authority didn’t give Terry the customary 10
days to correct his behavior. Despite the authority's argument that
it was pointless to give Terry the usual grace period, the Washington Supreme
Court ruled for legal services and stopped the eviction.
See Everett Housing Auth. v. Ray Terry, 114 Wash. 2d 558, 1990