The most immediate problem a person has when released from a correctional facility is finding a place to live. Finding affordable housing is a problem for a lot of people in New Jersey. This problem is made worse for people and their family members if they are returning to society after a conviction for a drug crime.

Public Housing

Generally, if you are convicted of a drug crime, you are barred from returning to public housing by public housing authorities (PHAs). This often means that you cannot return to the support system of a caring family.

If you have been incarcerated for a drug-related activity or other criminal behavior and you stay with your family while they live in public housing, the whole family may be evicted. The “one-strike” policy eliminates one option for you or your family to find shelter.

There are several reasons why people who have felony convictions are not allowed to return to public housing, including the safety of the other residents. Unfortunately, proof of rehabilitation is not a reason to allow you or your family to stay in public housing. The United States Supreme Court held that the one-strike policy was legal in a 2002 case called HUD v. Rucker.

The PHA does have to give you and your family proper notice if they are going to evict you based on the one-strike policy.

You must receive notice in a reasonable amount of time, no longer than 30 days. The notice must include the reason for the eviction. It must also tell you that you have the right to inspect the documents that the PHA is using to evict you.

The notice must also state that you do not have the right to a PHA administrative grievance hearing. You must also be told the judicial procedure that will be used to evict you. In addition to informing you about the judicial hearing, the notice should also state that HUD recognizes that you will receive your right to due process in this type of hearing.* If your notice is missing any of these elements, you should ask for your case to be dismissed.

PHAs do not, however, have to evict you or your family because of criminal activity. Former Department of Housing and Urban Development Secretary Mel Martinez wrote a letter in 2002 stating that public housing authorities should be “guided by compassion and common sense” when considering evicting a family because of a violation of the one-strike policy.

This compassion should be extended to people who have served their time in prison who can show evidence of rehabilitation. The PHAs should show this compassion even if the first threat of eviction under the one-strike policy comes from activity by the person returning home from prison.

Agencies that provide Section 8 vouchers are not required to terminate a voucher to a family who allows an ex-offender to live in the residence. They are also not required to deny a voucher to you if you are returning to society.

In practice, it is not likely that PHAs will show the compassion former Secretary Martinez recommended. But it is worthwhile to try to negotiate with the PHA to maintain housing for you and your family. You may want to speak with a Legal Services attorney to see if they have information about your city’s PHA plan and the priorities in that plan.

Privately Owned Housing

Under the Anti-Eviction Act, if you were charged with or convicted of a crime in privately leased premises, you may be evicted and not allowed to return once you are released. There are limits to this clause. You may not be evicted for past drug-related or criminal activity more than two years after the adjudication, conviction, or release from prison.

Unfortunately, this does not help you with an immediate housing need. A defense against being evicted under this ground of the Anti-Eviction Act is admission to or completion of a drug rehabilitation program. Once again, this is an opportunity to negotiate with the landlord.

If you are on parole, there are a few options for transitional housing. For example, the New Jersey State Parole Board’s Office of Community Programs provides some housing for parolees who have substance abuse issues.

There are also private transitional housing units. There are not many of these units in the state, and they can be difficult to locate, but they do exist. You may find help at the Web site of NJSuccess. The site has a database of community resources for people leaving prison. You can find resources for the Newark area at Newark Success.

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* If the criminal charges have not been resolved before the date of the eviction hearing, it may be dangerous for a person to testify, on the grounds that they may incriminate themselves. It is best to talk to your criminal lawyer when facing this type of issue.

This article originally appeared in the May 2005 issue of Looking Out for Your Legal Rights^®.