[420 Girl]

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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