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."