Housing Panel Speeds Up Eviction Process : Rules to Prevent Drug Use in Public Housing Stiffened

Tenants in San Diego public housing projects face speedier eviction proceedings under a first-ever “zero tolerance” drug clause that will be added to their leases by the San Diego Housing Commission.

Under a policy adopted Monday by the Housing Commission, the hastened eviction proceedings can be invoked if authorities confiscate drugs from a tenant or apartment, even if the tenant is never convicted of a crime. Police reports of drug sales in the vicinity of a public housing site might also be considered grounds for eviction, said Evan Becker, the Housing Commission’s executive director.

Current leases authorize eviction for drug sale or possession only after a criminal conviction.

“We don’t care if you’re eventually convicted or not,” Becker said. “If you had illegal substances in your unit, that’s enough under the lease for an eviction.”

The Housing Commission also agreed for the first time to conduct background checks of applicants for felony convictions, and will keep most applicants with records of serious violent or drug-related crimes out of its 1,068 public housing units, Becker said. Previously, the Housing Commission had relied on voluntary disclosure of criminal backgrounds when screening applicants, Becker said.

The background check may keep felons from applying for public housing and might reduce the current two- to three-year waiting time for public housing, Becker said.

The streamlined eviction proceeding, authorized by the federal Department of Housing and Urban Development, eliminates an administrative hearing, saving four to six weeks in the eviction process, said Cathy Lexin, the Housing Commission’s deputy executive director. Under the new rules, a tenant could be removed in as little as three days. The process could take longer if the tenant fights the eviction in court, Lexin said.

Becker conceded that the new policy will not broaden Housing Commission power dramatically because most problem tenants--including those suspected of using or selling drugs--are evicted for violating existing clauses of their leases, such as creating disturbances or receiving unreported income.

“The real power in a zero tolerance statement isn’t that great,” Becker said. “It’s really other provisions of the lease that are most effective.”

Nevertheless, the policy “sends a message: We’re not going to tolerate the slightest degree of drugs on the property,” Lexin said. Entire families could be evicted if only one member--or an unrelated guest--is caught with drugs, Lexin and Becker said.

Housing Commission employees will review each case in which the new policy is invoked to determine if there are extenuating circumstances, Becker said.