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Feyory Gbrsilassi stood before a panel of four commissioners,
her belly round and high with the third child to owhom
she is about to give. She pleaded to keep her housing,
her soft voice cracking until tears rolled down her cheeks.
“I’m going to be homeless with my two kids
and I’m pregnant now,” she told the governing
board of the Seattle Housing Authority. “I don’t
know tomorrow what’s going to be happening in my
life.”
Gbrsilassi is an East African immigrant who lives in a
house paid for largely by a federal Section 8 voucher
issued by SHA, which recently terminated payments to her
landlord on the grounds that her underage sister is living
with her.
It’s an unfounded claim that’s quickly heading
to her eviction —one of many outrages that 25 housing
activists and Section 8 tenants assailed the housing authority
for on June 18.
The group, led by the Tenants Union, is demanding that
the housing authority change a practice the group calls
a sham: When SHA kicks a resident off Section 8, federal
regulations allow the tenant to request an informal hearing
to challenge the termination. But tenants say the affidavits
or witnesses they present don’t count, only SHA’s
do, resulting in hundreds of families being made homeless
over the past five years.
The Tenants Union documented the grievances in a 20-page
report given to board members. The report is based on
a review of five years worth of hearing decisions made
by the housing authority’s sole hearing examiner,
Lawrence Weldon. Tenants say he repeatedly upholds SHA’s
terminations based on paperwork errors, missed meetings
with SHA, rumors from landlords and evidence as flimsy
as an address looked up on the Internet.
Arguments that a disability, domestic violence, or language
barrier was a factor in late paperwork don’t wash
with Weldon, the tenants say. He typically dismisses their
arguments. Between January of 2006 and October of 2006,
the Tenants Union cited 219 cases in which Weldon upheld
terminations 94 percent of the time.
“I’ve never heard of a housing authority having
as many hearings as they have,” says Eric Dunn,
a Northwest Justice Project attorney who has sued SHA
on behalf of two terminated Section 8 tenants. “I
lived in Detroit for four years. If you get kicked out
of Section 8 [there], you’ve got to kill someone
or get caught dealing drugs. When I moved her and saw
people getting vouchers yanked for missing meetings and
not turning in paperwork on time, I still can’t
get over that.”
Dunn and the tenants say the hearings violate the due
process guaranteed tenants under HUD hearing regulations
that govern SHA. In one of Dunn’s cases, a King
County Superior Court judge has already ruled that the
hearings don’t meet due process requirements. To
correct that, the Section 8 activists are demanding SHA
use impartial hearing examiners with law degrees, similar
to the system used by the King County Housing Authority.
SHA Director Tom Tierney said at the June 18 hearing that
the agency has already agreed to use a rotating set of
hearing examiners. Tierney later said they may not be
lawyers. That doesn’t go far enough for another
of Dunn’s clients, Tina Hendrix, who told the board
that SHA had better have a good reason to terminate people.
Hendrix—niece of legendary guitarist Jimi Hendrix—skipped
the SHA hearing process and went straight to court after
what she calls a bizarre meeting with an SHA fraud investigator
who claimed she is rich. His evidence, she says, was a
printout of a Seattle Times article with a photo of her
in the courtroom where her father, Leon Hendrix, Jimi’s
brother, lost a 2004 lawsuit against his stepsister over
the $80 million Hendrix estate.
“That idiot had a picture of us losing,” Hendrix
says. “I told him, ‘You’ve got the picture,
but you have to read the story.’ It was so ridiculous.”
The reason SHA terminated Hendrix, however, wasn’t
over her supposed wealth, but the fact that her mentally
ill 16-year-old daughter had come and gone from the home
and, in the meantime, Hendrix had taken in an abandoned
nephew—all of which Hendrix says was duly reported
to SHA.
In front of the board, Tierney said he would fix the hearing
problems—reversing an earlier statement in which
he said SHA would not support trial-like hearings. In
a later interview, however, he said the hearing examiner
already does what the tenants are demanding, which is
to judge the facts and not just go along with SHA.
“A hearing is for someone to impartially look at
the facts,” Tierney says. “That’s what
we expect from the hearing. If there’s an appearance
that we have one person who sides with us all the time,
then we need to make sure we have a process that has not
only true fairness in looking at the facts, but also is
clearly fair to the outside public.”
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