“[Kevin] helped me get onto the right path to getting my own apartment. Without him, I wouldn’t have been able to get the help I needed because I am unable to work […] When [he] spoke with me, he was incredible. He sent me a letter acknowledging my suffering and he did a lot of work to help me. I wish I could call him and thank him a thousand times!” – Antonio*, Client, Legal Clinic for the Homeless
“To have the opportunity to use all the things you went to law school for to get a concrete result and be able to make what, at times, feels like an unnecessarily complicated system slightly simpler for the people who need it most, is just an amazing feeling.” – Kevin Rich, Associate, Ropes & Gray
Ropes & Gray Associate Kevin Rich was first connected with Antonio* when Lawyers Clearinghouse reached out to the firm for assistance with a challenging case.
Antonio was unable to work and was living with a family member. He had been approved for Section 8 housing and was waiting for the local housing authority to perform a criminal background check when he suddenly learned he had failed the check and would be permanently removed from the waitlist.
The housing authority claimed Antonio’s criminal record included a conviction from over 20 years ago for manufacturing methamphetamine, which made him ineligible for public housing. However Antonio was adamant that he had never manufactured methamphetamine and had never been charged for doing so. He had in fact worked for many years to stay clean, attend counseling, and turn his life around.
When Kevin viewed a copy of Antonio’s record, he noted the conviction simply listed the manufacture of a “Class B substance.” Over 40 different substances are classified as “Class B,” so Kevin tried to track down copies of the court records for more clarity, only to learn that they had been misplaced and the court was unable to produce them.
Further research into the statutes that govern Section 8 housing showed that the only drug offense that can lead to a permanent ban from Section 8 housing is the manufacture of methamphetamine, specifically on Section 8 property. The housing authority would also need to prove beyond a reasonable doubt that Antonio had violated this statute.
Kevin accompanied Antonio to an informal hearing in front of a hearing officer from the housing authority. He argued that Antonio had never previously lived on Section 8 property, that the housing authority was unfairly conflating a Class B manufacturing charge with methamphetamine production but had no way to prove this claim, and that the charge was over two decades old and thus the statute of limitations had passed.
Six weeks later, representatives from the housing authority informed Kevin and Antonio that they were rescinding the ban and placing Antonio back in his previous spot on the waitlist. They also admitted they had not met their own standards when they elected to ban Antonio in the first place.
Antonio is still living with family, but hopes to acquire housing of his own soon.
*Client’s name changed to protect privacy.
