One strike you're out
Encyclopedia
One strike, you're out is a colloquial term for a policy adhered to by public housing
officials in the United States
which requires tenants living in housing projects or otherwise receiving housing assistance from the federal government to be evicted
if they, or any guest or visitor under their more or less direct control, engage in certain types of criminal activity on — or in some cases even off — the premises of said housing. This term is used because no second chance is given to many of the offending tenants. The term is apparently a back-formation of the "three strikes, you're out
" concept embodied in the mandatory sentencing laws for repeat criminal offenders that began to be enacted in various American
states in the 1990s.
of 1988 predates One Strike You’re Out; in that it outlined eligibility requirements public housing authorities were to use to screen candidates. Legislation mandating the eviction of tenants whose housing units are the scene of criminal actions was passed by the United States Congress
in 1996 and signed by President
Bill Clinton
. In his 1996 State of the Union Address, President Clinton laid the foundation for the One Strike policy: “And I challenge local housing authorities and tenant associations: Criminal gang members and drug dealers are destroying the lives of decent tenants. From now on, the rule for residents who commit crimes and peddle drugs should be one strike and you’re out. I challenge every state to match federal policy to assure that serious violent criminals serve at least 85 percent of their sentence.” The provisions of the law took effect gradually and were essentially fully in place nationwide by 1998.
, as a part of the Housing Opportunity Extension (“HOPE”) Act of 1996. Six months following the creation of the policy 3,847 people were evicted from various housing projects across the country. Public housing projects saw an 84% increase in the number of evictees six months prior to the signing of the law. While many types of crime are covered by the law, the vast majority of the evictions pursued under it have involved acts of physical and sexual violence and the sale and/or possession of illicit drugs.
In theory, the offending tenant is banned for life from receiving any form of federal public housing assistance, but a mechanism does exist for the evictee to apply for reinstatement after three years (with no guarantee that this application, or for that matter any future such application, will be granted). Individual states are also permitted to opt out of the law, or to modify its provisions as they see fit, such as by imposing only a temporary rather than a lifetime ban, or limiting the ban to certain offenses.
declared the one-strike-you're-out law to be unconstitutional in cases where the criminal wrongdoing in question was actually committed not by the tenant but by a person not legally residing in the unit, such as the tenant's grown child or guest. Rucker v. Davis concerned a 63-year-old grandmother, Pearlie Rucker, who was evicted because a member of her family had incurred a drug conviction. The court held that the federal statute that allowed the Oakland Housing Authority to evict Rucker should not interpreted so as to allow a tenant to be evicted merely because of the wrongdoing of another.
However, the Ninth Circuit's en banc ruling was overturned in 2002 by the United States Supreme Court. Chief Justice William Rehnquist
, writing for a unanimous Court (with Justice Stephen Breyer
having recused himself), held that "the plain language of [the statute] requires leases that grant public housing authorities the discretion to terminate tenancy without regard to the tenant’s knowledge of the drug-related criminal activity."
Between 2003 and 2007, Representative Barbara Lee
of California, attempted to amend One Strike You’re Out with legislation intended to address this common criticism. H.R. 1309, H.R. 173 and H.R 1429 would exempt elderly tenants and those who were not aware of such criminal activity, from being evicted or denied admissions into a housing project. All three bills died in committee.
should defrock
priests upon the first sustained allegation of child molestation, and also to denote a proposed law in Washington that would mandate a life prison sentence for anyone convicted of any of several sexually-motivated crimes against children; known as Initiative 861, it failed to gather enough signatures to qualify for the ballot in 2004.
Public housing
Public housing is a form of housing tenure in which the property is owned by a government authority, which may be central or local. Social housing is an umbrella term referring to rental housing which may be owned and managed by the state, by non-profit organizations, or by a combination of the...
officials in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
which requires tenants living in housing projects or otherwise receiving housing assistance from the federal government to be evicted
Eviction
How you doing???? Eviction is the removal of a tenant from rental property by the landlord. Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, forcible detainer, ejectment, and repossession, among other terms...
if they, or any guest or visitor under their more or less direct control, engage in certain types of criminal activity on — or in some cases even off — the premises of said housing. This term is used because no second chance is given to many of the offending tenants. The term is apparently a back-formation of the "three strikes, you're out
Three strikes law
Three strikes laws)"are statutes enacted by state governments in the United States which require the state courts to hand down a mandatory and extended period of incarceration to persons who have been convicted of a serious criminal offense on three or more separate occasions. These statutes became...
" concept embodied in the mandatory sentencing laws for repeat criminal offenders that began to be enacted in various American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
states in the 1990s.
History
The Anti-Drug Abuse ActAnti-Drug Abuse Act
The Anti-Drug Abuse Act of 1986, , , was the first major law passed by the U.S. Congress of the War on Drugs. Among other things, they changed the system of federal supervised release from a rehabilitative system into a punitive system. The 1986 Act also prohibited controlled substance analogs...
of 1988 predates One Strike You’re Out; in that it outlined eligibility requirements public housing authorities were to use to screen candidates. Legislation mandating the eviction of tenants whose housing units are the scene of criminal actions was passed by the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
in 1996 and signed by President
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
. In his 1996 State of the Union Address, President Clinton laid the foundation for the One Strike policy: “And I challenge local housing authorities and tenant associations: Criminal gang members and drug dealers are destroying the lives of decent tenants. From now on, the rule for residents who commit crimes and peddle drugs should be one strike and you’re out. I challenge every state to match federal policy to assure that serious violent criminals serve at least 85 percent of their sentence.” The provisions of the law took effect gradually and were essentially fully in place nationwide by 1998.
Components of the policy
The policy was drafted by Housing and Urban Development Secretary Henry CisnerosHenry Cisneros
Henry Gabriel Cisneros is a politician and businessman. A Democrat, Cisneros served as the 10th Secretary of Housing and Urban Development in the administration of President Bill Clinton from 1993 to 1997...
, as a part of the Housing Opportunity Extension (“HOPE”) Act of 1996. Six months following the creation of the policy 3,847 people were evicted from various housing projects across the country. Public housing projects saw an 84% increase in the number of evictees six months prior to the signing of the law. While many types of crime are covered by the law, the vast majority of the evictions pursued under it have involved acts of physical and sexual violence and the sale and/or possession of illicit drugs.
In theory, the offending tenant is banned for life from receiving any form of federal public housing assistance, but a mechanism does exist for the evictee to apply for reinstatement after three years (with no guarantee that this application, or for that matter any future such application, will be granted). Individual states are also permitted to opt out of the law, or to modify its provisions as they see fit, such as by imposing only a temporary rather than a lifetime ban, or limiting the ban to certain offenses.
Challenges to the policy
In January, 2001, the Ninth Circuit Court of AppealsUnited States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
declared the one-strike-you're-out law to be unconstitutional in cases where the criminal wrongdoing in question was actually committed not by the tenant but by a person not legally residing in the unit, such as the tenant's grown child or guest. Rucker v. Davis concerned a 63-year-old grandmother, Pearlie Rucker, who was evicted because a member of her family had incurred a drug conviction. The court held that the federal statute that allowed the Oakland Housing Authority to evict Rucker should not interpreted so as to allow a tenant to be evicted merely because of the wrongdoing of another.
However, the Ninth Circuit's en banc ruling was overturned in 2002 by the United States Supreme Court. Chief Justice William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
, writing for a unanimous Court (with Justice Stephen Breyer
Stephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
having recused himself), held that "the plain language of [the statute] requires leases that grant public housing authorities the discretion to terminate tenancy without regard to the tenant’s knowledge of the drug-related criminal activity."
Criticisms
The law has encountered fierce opposition from African-American groups, and advocates for the poor in general. Some critics have argued that because evictions are civil proceedings and not criminal, less evidence is needed to prove a case against a tenant. Additionally, opponents have pointed out the aspect of the policy that allows housing authorities to evict tenants based on the actions of their relatives and guests.Between 2003 and 2007, Representative Barbara Lee
Barbara Lee
Barbara Jean Lee is the U.S. Representative for , serving since 1998. She is a member of the Democratic Party. She is the first woman to represent that district. Lee was the Chair of the Congressional Black Caucus and was the Co-Chair of the Congressional Progressive Caucus...
of California, attempted to amend One Strike You’re Out with legislation intended to address this common criticism. H.R. 1309, H.R. 173 and H.R 1429 would exempt elderly tenants and those who were not aware of such criminal activity, from being evicted or denied admissions into a housing project. All three bills died in committee.
Other applications
Since the passage of the public-housing law that forms the basis for this article, the term "One strike, you're out" has also acquired other popular applications, including the idea that the Roman Catholic ChurchRoman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
should defrock
Defrocking
To defrock, unfrock, or laicize ministers or priests is to remove their rights to exercise the functions of the ordained ministry. This may be due to criminal convictions, disciplinary matters, or disagreements over doctrine or dogma...
priests upon the first sustained allegation of child molestation, and also to denote a proposed law in Washington that would mandate a life prison sentence for anyone convicted of any of several sexually-motivated crimes against children; known as Initiative 861, it failed to gather enough signatures to qualify for the ballot in 2004.