The Plaintiff suffered from Multiple Sclerosis and received social security supplemental income. The Plaintiff’s doctor prescribed medical marijuana to help with her symptoms. The state of Michigan provided Plaintiff with a medical marijuana card pursuant to the Michigan Medical Marijuana Act.
Plaintiff began smoking marijuana in her apartment. The landlord filed for eviction due to her smoking. Plaintiff requested reasonable accommodations under the Fair Housing Act. The complex is project-based, Section 8, federally assisted and the lease states that Defendant “may terminate the agreement for various reasons, including: drug-related criminal activity engaged in on or near the premises by any Resident, household member, or guest, or any such activity engaged in on the premises by any other person under the Resident’s control; “if the landlord determines that the Resident, any member of the Resident’s household, a guest or another person under the Resident’s control has engaged in the criminal activity, regardless of whether the Resident, any member of the Resident’s household, a guest or another person under the Resident’s control has been arrested or convicted for such activity.” Forest City Residential Management v. Lashawn Beasley and Eugene Kenyon, Case No. 13-14547 (E.D. Mich. 2014)
For the full opinion see: http://law.justia.com/cases/federal/district-courts/michigan/miedce/2:2013cv14547/285993/37/