Denial Of Request For Reasonable Accomodation

[iwombat]

HELP!

 

So I posted previously in this thread that I just tried to renew my apartment lease and found a Medical Marijuana Addendum in there that says I must agree not to use:

 

Where the terms and conditions of this Addendum vary

from or contradict any terms or conditions set forth in the

Lease Contract, this Addendum shall control.

 

3.  The Michigan Medical Marihuana Act permits the limited use

of medical marijuana in specific and limited circumstances.

However, this is not the case under federal law. Under

federal law, specifically the Controlled Substances Act (CSA),

marijuana is still categorized as a Schedule I substance. This

means that under federal law, the manufacture, distribution,

or possession of marijuana is strictly prohibited. Because

the U.S. Department of Housing and Urban Development

is controlled by the federal government, it agrees that the

use of marijuana, whether prescribed for medical reasons or

not, is a criminal offense and will not be protected under the

fair housing laws. Therefore, apartment complexes are not

required to accommodate the use of marijuana by a tenant

who is a current medical marijuana user. Disabled tenants

who are registered medical marijuana users, however, should

not feel discouraged to request reasonable accommodations

if the need arises.

 

4. The Premises listed above follows and complies with federal

 law regarding marijuana use and is, and will continue to

be, a drug free community. Possession, use, manufacture

or sale of any illegal substance, including marijuana, or any

use of marijuana by the tenant and/or guests will result

in immediate termination. If you have any questions or

concerns about this policy, please speak to management.

 

5. By signing below, the resident acknowledges his or her

understanding of the terms and conditions as stated above,

and his or her agreement to comply with those terms and

conditions.

 

I finally received my reply and was shocked that

even though the addendum contains the language:

 

Disabled tenants who are registered medical marijuana users, however, should

not feel discouraged to request reasonable accommodations

if the need arises.

 

They denied my request for a reasonable modification

even though I am completely disabled and Cannabis is

​used to directly treat my disabling condition. 

 

I would not have been shocked if they did not include

that language, but I *am* fully disabled and I *do*

use it directly for my disabling condition.  If they were

going to grant a reasonable accommodation to anyone

what more would they need to have??

 

Their response read:

 

Let this Memorandum serve as formal response to your request

for Reasonable Modifications dated Jan 27, 2017.

 

The Owner has denied your request to permit the use of marijuana in the community

and dwelling space located at --------.

 

However, ------ has been authorized to extend the option of lease termination without

penalty.  You may provide written notice of termination to management should you

opt to exercise this option.

 

The first thing I did was call: Lakeshore Legal Aid’s Counsel and Advocacy Law Line

and have a short consultation with a free lawyer.  They said that the recent law passed by

the legislature gives landlords the right to deny such an accommodation request.  I replied

that I believed that was true except in the instance of a disabled person where this contradicts

the Americans with Disabilities Act.  They did not think so, but they admitted they were not

experts in this field.

 

I do not have much money because I am living off disability.  Thus I was hoping to rely

on some free legal or low cost legal services to help me determine if I have a case to contest this.

 

If anyone can suggest a legal service with expertise in Disability requests for accommodation

I would appreciate it.  I do not have the resources to relocate right now.

 

 

[Budz-4-U]

"Better Call Saul", or Jeffrey Fieger.

[Smallbiz]

I didn't think this takes effect till April?

Edited February 10, 2017 by Smallbiz

[Smallbiz]

" They said that the recent law passed by

the legislature gives landlords the right to deny such an accommodation request."

 

Yes it will, but it says it doesn't take effect till April 10.

[+Malamute]

The new STATE law only allows landlords to forbid "growing or smoking" of marijuana.

 

This is being forbidden under Federal law.  Under federal law, it is basically illegal, but the landlord does have some leeway to accommodate or not terminate said lease.

 

So,... you are fully screweed .  Sorry to hear that.

[Smallbiz]

So what is a card good for if the most disabled can't medicate at home, this mmp is such a joke. I don't think I'll be renewing next time, this sucks.

[Restorium2]

So what is a card good for if the most disabled can't medicate at home, this mmp is such a joke. I don't think I'll be renewing next time, this sucks.

Depends on why you got your card. It's working for me and many, many others. 

 

What exactly isn't working for you personally? Got kicked out? Your financial goals are not met? 

 

I guess you have to look at why you got your card in the first place and decide if those reasons apply now that you have a better understanding of what being a patient or caregivers is all about.

 

I went into this with the bare minimum of expectations and have been happy to have my card all along. It could be better for sure, but to toss out what I treasure about my card because some people got kicked out of their rentals seems like a tantrum.

[Smallbiz]

You got me resto it was a tantrum I'll admit, I'm sorry. I've been watching to much news.

[Restorium2]

You got me resto it was a tantrum I'll admit, I'm sorry. I've been watching to much news.

LOL Good to hear that. Strength in numbers. And if I owned a rental I would want to be in charge. I wouldn't let them have keggers because beer and tinkle stinks. I'm like that, a total arse when it comes to tinkle drunks. People who want to get shiet eating drunk and then go for the car keys. Trash a rental right quick. Always screaming and arguing. They just make me mad and i would kick them out in a heartbeat. I'm a hater of pissy stupid drunks. I would replace every drunk with a nice mellow pot smoker. 

[Smallbiz]

I guess my biggest problem is that my card is just a defense and not a garanteed protection. I moved here (not far) to get my card for protection of family. Just feels like that doesn't exist anymore.

[Restorium2]

I guess my biggest problem is that my card is just a defense and not a garanteed protection. I moved here (not far) to get my card for protection of family. Just feels like that doesn't exist anymore.

Over the years I've seen many patients get totally left alone because they had a card. Even by the feds. You can bet if you got caught the cops, and even the judge, would say you should have had a card, the irony. 

[GregS]

This is obviously an object lesson in not telling anyone anything they don't need to know.

[iwombat]

I have my card.  I am a licensed MM patient in Michigan and California and I have a prescription for Marinol as well.

 

The new law gives landlords the right to put such a clause in their lease, but I don't believe such a law applies to a

disabled individual when their cannabis is used to directly treat their disabling condition.  I am currently fully

disabled and using cannabis to stem muscle spasms due to neuropathy of crushed nerves in my back.  I have

had one surgery, many treatments including steroid epidural shots, and now I am being re-evaluated for surgery.

 

According to the Americans with Disabilities Act as described by the US Dept of Housing and Urban Development:

https://www.justice.gov/crt/us-department-housing-and-urban-development

they can only refuse an accommodation if it would present a danger to other tenants or

interfere with their rights to use their space.  Second hand smoke could be the basis for such an argument, but

my lease permits smoking, both within my dwelling and on my porch.  But the practical limit of this, was that 

management is fine unless someone complains, then they intervene.  I have lived here for three years and

have been getting along fine with my neighbors and my apartment manager, so that really does not apply.

There are some other reasons, like cost, but tenant could agree to pay costs as well.

 

So, I don't think they have a reasonable ground to refuse my request.  Here is some language from

the site above:

 

19. If a person believes she has been unlawfully denied a reasonable accommodation, what should that person do if she wishes to challenge that denial under the Act?

 

When a person with a disability believes that she has been subjected to a discriminatory housing practice, including a provider's wrongful denial of a request for reasonable accommodation, she may file a complaint with HUD within one year after the alleged denial or may file a lawsuit in federal district court within two years of the alleged denial. If a complaint is filed with HUD, HUD will investigate the complaint at no cost to the person with a disability.

 

There are several ways that a person may file a complaint with HUD:

 

By placing a toll-free call to 1-800-669-9777 or TTY 1-800-927-9275;

By completing the "on-line" complaint form available on the HUD internet site: www.hud.gov; or

By mailing a completed complaint form or letter to:

Office of Fair Housing and Equal Opportunity

Department of Housing & Urban Development

451 Seventh Street, S.W., Room 5204

Washington, DC 20410-2000

 

Upon request, HUD will provide printed materials in alternate formats (large print, audio tapes, or Braille) and provide complainants with assistance in reading and completing forms.

 

The Civil Rights Division of the Justice Department brings lawsuits in federal courts across the country to end discriminatory practices and to seek monetary and other relief for individuals whose rights under the Fair Housing Act have been violated. The Civil Rights Division initiates lawsuits when it has reason to believe that a person or entity is involved in a "pattern or practice" of discrimination or when there has been a denial of rights to a group of persons that raises an issue of general public importance. The Division also participates as amicus curiae in federal court cases that raise important legal questions involving the application and/or interpretation of the Act. To alert the Justice Department to matters involving a pattern or practice of discrimination, matters involving the denial of rights to groups of persons, or lawsuits raising issues that may be appropriate for amicus participation, contact:

 

U.S. Department of Justice

Civil Rights Division

Housing and Civil Enforcement Section - G St.

950 Pennsylvania Avenue, N.W.

Washington, DC 20530

 

For more information on the types of housing discrimination cases handled by the Civil Rights Division, please refer to the Housing and Civil Enforcement Section's website at /crt/about/hce/.

Edited February 11, 2017 by iwombat

[GregS]

I have my card.  I am a licensed MM patient in Michigan and California and I have a prescription for Marinol as well.

 

The new law gives landlords the right to put such a clause in their lease, but I don't believe such a law applies to a

disabled individual when their cannabis is used to directly treat their disabling condition.  I am currently fully

disabled and using cannabis to stem muscle spasms due to neuropathy of crushed nerves in my back.  I have

had one surgery, many treatments including steroid epidural shots, and now I am being re-evaluated for surgery.

 

According to the Americans with Disabilities Act as described by the US Dept of Housing and Urban Development:

https://www.justice.gov/crt/us-department-housing-and-urban-development

they can only refuse an accommodation if it would present a danger to other tenants or

interfere with their rights to use their space.  Second hand smoke could be the basis for such an argument, but

my lease permits smoking, both within my dwelling and on my porch.  But the practical limit of this, was that 

management is fine unless someone complains, then they intervene.  I have lived here for three years and

have been getting along fine with my neighbors and my apartment manager, so that really does not apply.

There are some other reasons, like cost, but tenant could agree to pay costs as well.

 

So, I don't think they have a reasonable ground to refuse my request.  Here is some language from

the site above:

 

19. If a person believes she has been unlawfully denied a reasonable accommodation, what should that person do if she wishes to challenge that denial under the Act?

 

When a person with a disability believes that she has been subjected to a discriminatory housing practice, including a provider's wrongful denial of a request for reasonable accommodation, she may file a complaint with HUD within one year after the alleged denial or may file a lawsuit in federal district court within two years of the alleged denial. If a complaint is filed with HUD, HUD will investigate the complaint at no cost to the person with a disability.

 

There are several ways that a person may file a complaint with HUD:

 

By placing a toll-free call to 1-800-669-9777 or TTY 1-800-927-9275;

By completing the "on-line" complaint form available on the HUD internet site: www.hud.gov; or

By mailing a completed complaint form or letter to:

Office of Fair Housing and Equal Opportunity

Department of Housing & Urban Development

451 Seventh Street, S.W., Room 5204

Washington, DC 20410-2000

 

Upon request, HUD will provide printed materials in alternate formats (large print, audio tapes, or Braille) and provide complainants with assistance in reading and completing forms.

 

The Civil Rights Division of the Justice Department brings lawsuits in federal courts across the country to end discriminatory practices and to seek monetary and other relief for individuals whose rights under the Fair Housing Act have been violated. The Civil Rights Division initiates lawsuits when it has reason to believe that a person or entity is involved in a "pattern or practice" of discrimination or when there has been a denial of rights to a group of persons that raises an issue of general public importance. The Division also participates as amicus curiae in federal court cases that raise important legal questions involving the application and/or interpretation of the Act. To alert the Justice Department to matters involving a pattern or practice of discrimination, matters involving the denial of rights to groups of persons, or lawsuits raising issues that may be appropriate for amicus participation, contact:

 

U.S. Department of Justice

Civil Rights Division

Housing and Civil Enforcement Section - G St.

950 Pennsylvania Avenue, N.W.

Washington, DC 20530

 

For more information on the types of housing discrimination cases handled by the Civil Rights Division, please refer to the Housing and Civil Enforcement Section's website at /crt/about/hce/.

Going up against the feds might be too problematic, and is likely to get thornier with Sessions at Justice. The Michigan Supreme Court, in Ter Beek, has already decided that Michigan can and will exercise its authority regarding medical marijuana. You might be better off bringing suit against a landlord under Michigan Civil Rights Disability Law.

[Restorium2]

I can't imagine a good future with a landlord that wants you out. 

 

At some point you have to think about the big picture and abandon a future that is strewn with trouble. 

 

Your resources would be better used to get yourself in a position of strength to work from. 

 

For others; Never admit to using cannabis when someone else owns the property. Make excuses for the smell if confronted. If caught red handed say it doesn't happen often and you will quit, no biggie. Just keep denying and promising to quit. Rope a dope them. If it's not a personal grudge then they will find something else to do. Don't make it a personal grudge or you are finished with your landlord. Be a good 'payer'. That's the bottom line for most landlords, they want good payers and no hassles. If you accomplish that then they will overlook a lot if you let them. A good paying tenant that looks like they will make the long haul is what landlords dream about. Work to be that person and you will have a position of strength where it matters the most, at home.