People who live in government subsidized housing might want to think twice about running a red light or swearing near their complex, according to a federal lawsuit filed this week.
The lawsuit, filed Wednesday in U.S. District Court as a class action in behalf of John Thomas Snyder and all persons who have signed a federally subsidized housing contract, contends that a provision in the Salt Lake County Housing Authority's rental agreement for public housing violates federally mandated housing regulations by combining two provisions dealing with criminal activity on or near the premises."What the county housing authority has done is combine two provisions, one that deals with criminal conduct and one that deals with drug-related criminal conduct," said Snyder's attorney Brian Barnard. "By combining the two, they've made them much broader."
As written, "the terms would allow for the eviction of a tenant for minor criminal conduct near the premises (i.e. swearing on a public sidewalk near the housing project, running a red light at an intersection near the project, driving an uninspected auto on the street adjacent to the project, etc.)," the lawsuit states.
Barnard said the lawsuit stems from a yearlong dispute between Snyder and the management of his apartment complex, 1966 S. 200 East, over a need for more handicapped parking spaces on the premises.
Snyder does not qualify for a handicapped parking space, but it is a cause he decided to advocate, Barnard said. After the spaces were added in February, an argument deteriorated into a shouting match when Snyder "was gloating that he was right" and "the manager had been proven to be wrong."
Shortly thereafter, Snyder was given an eviction notice claiming Snyder's actions had constituted criminal activity prohibited by the rental agreement, Barnard said. Nevertheless, the incident was investigated by the Salt Lake City Police Department, and no criminal charges have been pursued.
"In the housing authority's mind, this is criminal activity," Barnard said. But in order for it to warrant an eviction under federal regulations, "it has to be criminal activity such that it affects other people's right to peaceful use of their property."
Housing Authority executive director Scott Lancelot had not seen the lawsuit Thursday but said the eviction action, currently pending in state court, did not result from a single incident.
"I don't believe (Snyder's) version of the facts relate to what has actually occurred," Lancelot said, declining to be more specific. "The Housing Authority is confident that our action and our legal position is correct and that we will be so proven in court."
The lawsuit, which does not ask for monetary damages, seeks a declaratory judgment and an injunction against the enforcement of the "invalid provisions."
"What it will do is force the Housing Authority to change all of the lease agreements so that all of the lease agreements . . . comply with federal law," Barnard said.
Lancelot said there are about 625 public housing units in the county that could be affected by the lawsuit.
You can reach Hans Camporreales by e-mail at hans@desnews.com