Transforming CHA: Court Slam Dunks One Strike


The nations first federal appellate court ruling for public housing residents challenging the One Strike provision could lead to the abolition of the federal law which is being used to evict public housing residents in Chicago and across the country.

Oakland Tribune reporter Josh Richman broke the story of four senior residents of the Oakland Housing Authority in California who scored a slam-dunk against One Strike on Jan. 24.

The 9th U.S. Circuit Court of Appeals found the One Strike policy to be unconstitutional and reversed a prior decision to evict the public housing residents. The elderly residents were being evicted for drug-related activity that occurred inside and outside of their apartments and of which they had no knowledge.
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L.A. Tenants Challenge One-Strike


There has been a lawsuit filed in Los Angeles contesting the constitutionality of the One Strike clause. President Bill Clinton signed the Housing Opportunities Extension Act March 28, 1996. It mandated that all federally-subsidized housing enforce a zero tolerance on criminal activity. This means that there does not have to be a conviction in order to start the proceedings for eviction. It also means that public housing authorities now must enforce tougher screening criteria that will ensure that new move-ins to public housing have no criminal background.

All public housing residents are subject to the “One Strike and You’re Out” clause that is part of all new leases. Residents who continue to occupy public housing as well as new move-ins are all required to abide by the new ruling. Read more »

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