Transcript PowerPoint – Evictions – Poe 10.7.16

Defending the indefensible
(or “One Strike evictions”)
EAH v. Tokimia C.
Bay Area Legal Aid · Contra Costa Regional Office
1025 MacDonald Ave., Richmond, CA 94801
“Prison is the only form of public
housing that the government has
truly invested in over the past five
decades.”
@marclamonthill
HUD v. Rucker
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“Federally Subsidized” or Public Housing
tenancies can be terminated “if any member
of the tenant's household or any guest” were
engaged in drug related or other criminal
activity occurring on the premises. 42 U.S.C.
§ 1437 (1)(6), etc.
Whether or not the tenant had any knowledge
or could have prevented the activity
The Incident – March 25, 2014
• Shooting at Crescent Park
Apartments, Richmond, CA while
my client was at work
• My client’s 17 y.o. son Te’Ari
implicated by onsite security and
arrested.
• Te’Ari confessed and pled to gun
charge before trial and never
returned to the household;
• Experiencing psychosis, suicidal…
receiving treatment for severe
mental health related disabilities
The Notice – April 1, 2014
• “Permitting unlawful
Activities”
• Summary of incident…
• “You may discuss this notice
with the landlord”
• Violent/Threatening criminal
activity CAN be excluded
from grievance/review
process… often is not.
The Trial – September 8, 2014
• Pre-trial negotiations failed and
client couldn’t/wouldn’t move
• Strong procedural defense, but
couldn’t rebut shooting
allegations
• RPD Detectives played tape of
shooting and acknowledged on
cross that Tokimia had no
knowledge or involvement
• My client testified that she had
no knowledge of incident;
• LOST. My client “not credible”
• Set stage for post trial Relief
from forfeiture, based on
disabilities, removal from
household.
Post Trial
• Evidence of Te’Ari’s
extraordinary disabilities, removal
from household, effect on
remaining household, etc.
• Court denied motion… Tokimia
“well aware of the rules and the
need to not allow illegal conduct
in her home”.
• Stayed through 12/31/14 and
evicted mid January 2015
Take Away
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Collaboration with Public Defender
Over-reliance on technical defense (?)
Evidentiary objections (the video)
Property owners and management defer to law
enforcement
Courts defer to law enforcement and hesitant
to use discretion – “heater” case
HUD Guidance around “one strike” – HUD
2015-19
Adam Poe
Staff Attorney, Reentry Project Coordinator
[email protected]