CHICAGO, IL— Housing and Urban Development (HUD) Title 24 CFR (Code of Federal Regulations) Section§966.4 Lease requirements, Part (l)(5)(iii) Eviction for criminal Activity. Subpart (A) Evidence, reads as follows; “The PHA (Public Housing Authority) may evict the tenant by judicial action for criminal activity in accordance with this section if the PHA determines that the covered person has engaged in criminal activity, regardless of whether the covered person has been arrested or convicted of such activity and without satisfying the standard of proof used for a criminal conviction.”
Public housing in the city of Chicago is no longer managed by the Chicago Housing Authority, but by private corporations as its agents. So the Federal government has given private corporations the power to determine that public housing residents are criminals, without there being an arrest, a conviction or proper evidence and then evict them from their homes. How can they do that?
In criminal court, one is presumed “innocent until proven guilty beyond all shadow of doubt.” The burden of proof rests not with the accused to prove innocence, but with the accuser to prove guilt. However, eviction or “Forcible Entry and Detainer”as it is known in legal termstakes place in civil court not criminal court, even if the reason for the eviction is “criminal activity.” In civil court, procedure is based on “preponderance of evidence” and not “innocent until proven guilty. . .” as in criminal court. If determined to be a criminal by corporate management, you are guilty until proven innocent and must then prove your innocence to keep you and your family from becoming homeless.
“Without satisfying the standard of proof used for a criminal conviction,” how is it that corporate management “determines” a tenant is “engaged in criminal activity?” No arrest means no police investigation. Here the corporation has assumed the role of police. It’s their investigation and their proof that determines you’re a criminal. Because they accuse you of “criminal activity,” you have no right to a grievance hearing before going to court. You face them and the best lawyers money can buy in civil court where you can be tried without being given a lawyer—a battle you are sure to lose.
This is not happening in the kangaroo courts of the 1940’s Jim Crow South. It is happening right now in Chicago, in Cabrini and the mixed income areas that once were Cabrini Green. Because we were amongthefirst victims of an economic system that threatens an ever-increasing number of Americans each day, they are trying these kinds of injustices upon us first. As instruments of private wealth in the hands of the few, corporations don’t care about justice. They only care about maximum profits. Their economic need to be rich is in conflict with our human need to have homes to live and survive in. Today they manage public housing, but tomorrow they willprivatelyown it as they will all things public. When we the public as Americans become conscious of this conflict, only then can we fight it out and win.
