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HUD: Public Housing gun bans a local decision

The U.S. Department of Housing and Urban Development denies ordering Delaware public housing authorities to ban guns. State lawmakers, however, are

drafting legislation to overturn the gun bans, regardless of who ordered them.

By Lee Williams

The Delaware State Housing Authority and the Dover Housing Authority have turned to their lawyers and HUD to help them determine what to do about their firearms prohibitions – gun bans experts say violate the state and federal Constitutions. HUD, however, does not want to get involved. Ami Sebastian-Hauer, executive director of the Dover Housing Authority, said she will “check regulations, check with our higher-ups, HUD and the Attorney General’s Office, to see what they recommend.” Her colleague at the Delaware State Housing Authority, executive director Anas Ben Addi, told the Caesar Rodney Institute last week he too is seeking legal advice. Ben Addi declined further comment. “Whatever the recommendation, we will certainly adopt,” Sebastian-Hauer said. “We’re doing all of our due diligence.” Sebastian-Hauer explained her recent “due diligence” was motivated by the threat of legal action from the National Rifle Association, which has promised to challenge the firearms bans. “We’re always concerned about a lawsuit,” she said. “I will be speaking to the rep at HUD, talking to other housing authorities, and I will also bring it up to the board.” Sebastian-Hauer did not know how or why the firearms ban was implemented, but believes it was the result of a federal order. “It was in place when I started 16 years ago,” she said. “I’m sure it is a federal regulation.” HUD, however, told the Caesar Rodney Institute Monday that the agency does not tell local housing authorities to ban firearms. “We don’t have any policy that relates to that,” said Maria Bynum, spokesperson for HUD’s regional office in Philadelphia, which oversees operations in Delaware.

Bynum explained that while HUD subsidizes public housing, and conducts limited inspections, they do not get involved, “in day-to-day operations. We’re not involved in that.” As to incorporating gun bans into tenant handbooks and leases, such as the document tenants must sign at the Dover Housing Authority, Bynum said, “Leases are a local thing that HUD does not control.” More unanswered questions The lawlessness in the 290 public housing units operated by the Dover Housing Authority ranges from “petty crime to shootings,” Sebastian-Hauer said. Still, residents are strictly prohibited from acquiring or possessing a means of self-defense. “We have a one-strike-and-you’re-out policy,” Sebastian-Hauer said. “It makes it a violation of the lease. Anyone caught with a firearm is out. Our whole purpose is to keep people safe.” She could not explain why an unarmed tenant is safer from the crime that pervades the neighborhoods than an armed tenant. "I really can't address that. I will not address that. I have my own opinion against firearms,” Sebastian-Hauer said. “Our job is to keep people safe." Neither could she explain why her residents should forfeit their constitutional rights in order to live in public housing. “I don’t see it in that manner,” she said. “I see it as the housing authority keeping families safe.” Several residents and civil rights leaders told CRI that the gun bans, though perhaps not racist by design, effectively create racial disparity. Sebastian-Hauer disagrees. “I don’t see it as anything having to do with race,” she said. “I see it as policies in place to keep people – we’re not trying to discriminate against any one race. It’s an across the board policy for everyone, regardless of race.” Dover attorney John Sigler is a CRI board member and former NRA president. Sigler had hoped the DHA would voluntarily withdraw its weapons prohibitions. “Obviously, my first reaction is one of disappointment that the director of the Dover Housing Authority did not immediately follow Newark’s lead by rescinding Dover’s ban and restoring full citizenship to her public housing residents,” Sigler said. “I am encouraged, however, by her willingness to submit the issue to the Attorney General for advice. I say that because I have little doubt that once competent counsel has reviewed the NRA’s demand letter and read the authorities cited therein in light of both the majority opinion in D.C. v. Heller and Article I Sec. 20 of the Delaware Constitution, said counsel will have little choice but to advise Dover’s director to immediately rescind the Dover Housing Authority’s patently illegal and immoral ban on self defense in public housing.” Sigler was disturbed by the local public housing officials turning to the federal government for guidance on gun control.

“I am somewhat startled by the Director’s revelation that she would be seeking advice from HUD on this matter. Although it is easy to understand why local housing authorities would give great deference to federal officials in matters relating to public housing,” he said. “I must admit that I was unaware that HUD had anything to do with the institution of such illegal gun bans. But if it were true that HUD did play a role in such matters, that fact would explain why literally all of Delaware’s public housing agencies had adopted such bans.” An ongoing special report by the Caesar Rodney Institute revealed that all four of the state’s public housing authorities prohibited their residents from owing firearms in their homes for self-defense, even though many of the neighborhoods dedicated to public housing constitute some of the most dangerous, crime-ridden real estate in Delaware. Several residents told CRI they seldom venture out because of the crime outside their doors. After the series was published, the NRA announced it would file suit against the housing authorities, to force them to withdraw the gun bans. The Newark Housing Authority announced last week its ban was withdrawn, and its residents may now possess firearms in their homes – ending a restriction created by a previous executive director. Delaware State, Dover and the Wilmington Housing Authority still prohibit their residents from possessing firearms for self-defense. Neither WHA executive director Frederick Purnell, Sr. nor any of his board members responded to calls or e-mails seeking comment for this story. Attorney General Beau Biden was not willing to be interviewed for this report. Legislation is on the way Delaware state Rep. John C. Atkins knows guns. The Millsboro Democrat is a lifelong gun owner, hunter and target shooter, who has never received less than an “A” rating from the NRA. Atkins had a strong reaction after reading CRI’s series. “I had no idea those regulations were in effect,” he said. “My second thought was automatically that those regulations are unconstitutional. Just because someone lives in public housing doesn’t mean they have less constitutional rights than someone living in a $2 million mansion.” In addition, Atkins said, “They have the right to protect their home, and they certainly have the right to possess legal firearms, hunt or shoot sporting clays.” Atkins said he will introduce legislation to overturn the gun bans in public housing. He’s seeking and receiving bipartisan support for his bill. “The NRA has won everything its challenged,” he said. “Right now, the smart thing for the housing authorities to do is reverse the bans – immediately.” Like Atkins, Rep. Greg Lavelle, R-Sharpley, was struck by the restrictions in the state’s public housing communities.

“Initially I thought it bizarre,” Lavelle said. “I wouldn’t think your constitutional rights would be restricted based on where you live. It certainly came to mind that if someone is going to follow the law, they’d follow the law. If a group is going to break the law, they’ll break the law. They’re going after the wrong group.” Though he wants to see the draft bill, Lavelle supports a legislative fix in principal. “This seems to me to be a stereotypical reaction. Clearly there are issues with violence that are exacerbated in public housing, but this is knee-jerk to me,” Lavelle said. “People are carrying illegal weapons as it stands now. If someone wants to own a gun legally, they should be able to. They’re going after the wrong folks. The criminals are not worried about the law, or else they wouldn’t be criminals.” Contact investigative reporter Lee Williams at (302) 242-9272 or lee@caesarrodney.org The Caesar Rodney Institute is a 501(c)(3) non-partisan research and educational organization and is committed to being a catalyst for improved performance, accountability, and efficiency in Delaware government. © Copyright Feb. 9, 2010 by the Caesar Rodney Institute