Pubdate: Wed, 01 Apr 2009
Source: Montrose Daily Press (CO)
Copyright: 2009 Montrose Daily Press
Contact: http://drugsense.org/url/E2QhcPnX
Website: http://www.montrosepress.com
Details: http://www.mapinc.org/media/4108
Author: Katharhynn Heidelberg
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MEDICAL POT GROWER FILES HOUSING COMPLAINT

MONTROSE - The Montrose County Housing Authority knew  months before 
William Hewitt went public that he was a  medical marijuana patient, 
a housing discrimination  complaint alleges.

The complaint, which Hewitt signed Friday, accuses the  housing 
authority, its director and the Colorado  Division of Housing, of 
failing to reasonably  accommodate Hewitt's disability and of 
terminating his  housing because he kept and used medical marijuana.

"All I want is to help people," Hewitt said Tuesday.

"I hope they restore my housing voucher and not do this  to people 
anymore. Stop doing this to medical patients  in states that are 
legal (for medical marijuana). I  want to maybe open some eyes and 
let them know what  they're doing to disabled people."

Hewitt went public as a medical marijuana provider in February.

A muscular dystrophy sufferer, Hewitt has a medical  marijuana card 
through the state of Colorado and can  act as a "caregiver" for other 
licensed medical  marijuana patients.

People can obtain licenses under limited circumstances  with the 
approval of physicians. Caregivers like Hewitt  are not physicians.

The Montrose County Housing Authority, which  administers Section 8 
housing choice voucher programs  for the federal Housing and Urban 
Development agency,  decided to terminate Hewitt's voucher because 
drug use,  even of medical marijuana, conflicts with federal  rules. 
The federal government does not recognize  medical marijuana.

Hewitt's March 10 appeal was unsuccessful. He cannot  pay his rent 
without the voucher, and stands to lose  his home April 5.

He said the medical marijuana patients he helps fear  being pushed to 
the street along with him, if in  another way - to illicit dealers.

Hewitt's complaint through the Office of Fair Housing  and Equal 
Opportunity could put the housing authority  in a similar Catch-22. 
The authority was reportedly  relying on federal rules when it 
suspended Hewitt's  voucher and now faces investigation by the FHEO 
within  HUD.

Montrose County Housing Authority Director Tim Heavers  was out of 
the office Tuesday, as was the housing  authority's attorney. The 
state housing division  referred questions to Heavers.

Heavers previously said privacy rules prohibit him from  discussing 
specific cases.

Hewitt's complaint specifically accuses the respondents  of denying 
him "reasonable accommodation to his  physical disability by 
terminating his housing  assistance because he kept and used medical 
marijuana  in his dwelling unit."

Hewitt said, too, that the housing authority knew full  well he had 
medical marijuana, and as early as one day  before yanking the 
voucher, told him he was going to  receive a greater rent subsidy.

The complaint states Hewitt told the housing authority  three months 
ago that he used medical marijuana for his  disability, and he was 
asked for his state-issued ID  card.

"Complainant asserts that there appeared to be no  problem and that a 
reasonable accommodation had been  granted," the complaint stated.

Evelyn Meininger, Fair Housing and Equal Opportunity  regional 
director in Denver, said HUD cannot comment on  specific cases.

But in general, if a person feels housing  discrimination took place 
for certain reasons - in  Hewitt's case, his assertion it was his 
disability - he  or she can file a complaint. If the complaint falls 
within the type of discrimination over which the FHEO  has authority, 
that body will accept the complaint,  then forward it to the 
enforcement branch for  investigation.

"They essentially look at the facts, prepare and make a 
recommendation of reasonable cause (as to whether  discrimination 
occurred)," Meininger said.

If the investigation leads to discrimination charges,  cases go 
before federal court or an administrative law  judge. Meininger said 
the goal was to resolve  complaints as quickly as possible, and at 
the lowest level possible.

Hewitt still has to address his immediate housing predicament.

"I don't know where to go. I don't have a place to go.  I'm just 
going to try to stay here," he said.

"You're punished for it, even if you have a license.  It's very 
confusing. I shouldn't be punished for having  a (medical marijuana) 
license. They (housing authority)  were aware of this before."
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MAP posted-by: Jay Bergstrom