[gmoney666]

this really sucks for you In_Hollywood. Hope it works out

FIRST thing I do in any apt or house I have rented in the past was put a new lock on. That can be as simple as rekeying the old one. that way nobody can even tell your lock was changed. If they know it is because they illeagally tried to open your door.

Second - I don't know if the feds can evict you. Eviction is a state issue and even a county/city issue. If you get a 10 day notice and did not comply the manager would have you evicted in a local court. Not a federal one. The state judge would follow state laws. Don't give up without a fight. You can easily stay 90+ days. Also hold the rent. Settle that once in court. File motions to Quash the initial notices. One good reason - no return address or info from that letter. All this delays things. you could stay 6months and by then at least saved the rent to move.

good luck

[zbestwun2001]

Originally Posted by gmoney666

Second - I don't know if the feds can evict you.

....but they can stop giving you your Section 8 voucher.

So all of a sudden your rent has quadrupled or more in one month.

zb1

[resipsa]

Originally Posted by stealthviper

Seriously? When did this happen? I must have medicated too heavily and missed it. Not that I'm surprised by it-remember that a lot of those supervisors who make SSI policy were appointed by "W", and hopefully will be looking for a new career after February next year.

sv

This happened in the 1990's. A pro bono legal service that specialized in helping the elderly poor started to notice a lot of clients coming in who were eligible but being denied SSI.

When they looked into it, they found that SSI workers got money for efficient case management, which looked suspiciously like denial of claims that were legit. They took them to court and won.

I don't know that it did much good, I understand that you still have to appeal because they reject you the first time around. It's a huge system, terribly overburdened.

[Johnny Appleweed]

Okay, folks! Listen up. Here's the situation:

HUD, or AHA (the Area Housing Authority) is erroneously relying upon the Controlled Substance Act, Schedule 1 statement that marijuana is not a medicine. However, marijuana is a medicine by scientific and medical fact. Marijuana is known to successfully treat many health conditions in America where all other medical interventions failed, as is the case with me and my son.

Under the protection of the Data Quality Act, federal agencies are required to provide accurate and transparent information. HUD subsequently established their own data quality guidelines. However, California medical marijuana is not specifically mentioned in the AHA paperwork. Instead, the HUD client is supposed to infer from a "reasonable accommodation" request that this is where medical marijuana is supposed to addressed by us.

HUD and AHA's method of binding California tenants to federal law is not transparent and their current "zero tolerance" policy is based on the false CSA statement about marijuana not being a medicine when it factually is.

This matter will need to be settled by a California judge! A California judge will have to sign and injunction against HUD and my landlord barring HUD from discontinuing our HUD voucher and barring our landlord from evicting us.

Nowhere in the medical marijuana or landlord/tenant laws does it state that lawful use of medical marijuana needs to be reported nor does it state that it is forbidden. Instead, Prop. 215 says its a seriously ill person's right to grow and consume medical marijuana within the state of California, period. Of course, you cannot smoke in a manner that is meant to disturb somebody. If they move into an apartment above you and you were medicating before their tenancy, the new tenants cannot be allowed to interfere with your rights just because they moved in. The "buyer beware" doctrine of law applies. If they are sensitive to either smoke or marijuana smoke, they need to establish that issue before moving into the apartment above yours, not after.

My landlord hatched a plan to chase me out before I ever started consuming medical marijuana. He did so in retaliation of my lawfully requesting of him repairs and maintenance and supervision of his building. He just reported me to AHA for use of "marijuana" as a last resort, that is, almost 2-years later, he did so after the state filed an accusation against him for harassment, discrimination, and oppression of me. Since he has allowed his tenants to continue harassing and oppressing me, and since he tried to interfere with my state and federal statutory rights to consume medical marijuana and to maintain my HUD voucher, under the Bane Act, his interference with my state and federal statutory rights is a hate crime. Under the Bane Act, the hate crime qualifies for special conditions and possible felony prosecution due to my race, religion, and disability.

In your case, the manager of your building overstepped his legal obligations to your privacy, and AHA is harassing you by enforcing non-transparent information and by relying upon a false statement about marijuana.

niff, niff. I smell a class action suit. The state of California has spoken. The US Supreme Court needs to react. Ultimately, our cases hinge upon this next constitutional argument between San Diego and us. The election is over. Whatever happens now will be Obama speaking, or not speaking.

My landlord's prosecution is scheduled for trial. 3-days. End of March. The original charges are for The Fair Employment and Housing Act and Unruh Act violations, again, discrimination, harassment, and oppression. Now, he's gonna have a Bane Act violation added shortly.

Obama, what do you think?

[Deejaycruise]

Originally Posted by zbestwun2001

You immaturity is only over shadowed by your ignorance.
Having work for the county as a social worker for over a decade I saw a lot of people just like you.
I could read them coming a block away.

I can't believe that someone as young as you would think that this is a cool deal.
Read into it, and just thank your lucky stars that you are able to live a good life on your own without sucking section 8 dry as if it wasn't already.

I could go one but my name on this board might turn red.

zb1

Hmmm. I was on Social Security Disabliity but it ended because I worked over 9 months in a period of 5 years. I had to return to work part time because I was and still am unable to work full time. I had to pay back some on the Social Security Disability and never went back on Disability.
Over ten years later and medicare still communicates with my employer about my health insurance.
I wish I was a young man still, the Social Security Administration considered me to be a young man (under 50) about 15 years ago when they were deciding my case.
I lived out of my car some of the time I was on S.S.D. and a voucher for a place to live might have been handy some of those cold nights, and some of those hot nights but I never applied or knew the requirements.
I qualify for S.S.D. today but work to much to get paid for it and luckily until recently made too much money to bother. Now that I make nothing I am considering all posible alternatives.
What do I look like from a block away that you can read? It took a judge sitting just a few feet from me to make the last decision, maybe from a block away he would have denied my claim.

Originally Posted by BabyBoomer

I would give up my disability in a New York Heartbeat to be NOT in need.

Check your "tude" - I hope you did not mean to be this insulting.

It is not a free ride.

Be grateful that you have no knowledge of what this is like. And may you never experience it.

I do know what some of it is like, what I experienced is probably different than what your experience is. My life changed overnight, I thought I succeded only to find out I failed.

[zbestwun2001]

Damn,
Sorry about the jumping to conclusion but the verbiage thru me.
My apologies.

zb1

[Nailhead]

You need to contact every local news organization you can think of. Contact all of the TV stations and news magazines. TV news is the best, but let anyone run the story that wants to. The more media coverage, the better your chances. Get the public behind you!

Maybe we can all help out by sending e-mails to some local TV news networks urging them to report on your situation. This is why we have a free media, don't hesitate to use it!

[In_Hollywood]

I hope Obama will not only stop the DEA raids here in CA, but also change the federal laws about MMJ, in the now 13 states that have MMJ state laws for ill patients, so that these patients can have legal access to MMJ and be able to live, in peace & privacy, in HUD and ALL housing, without fears of evictions, like I'm going thru now!! =Judy=
Posted via Mobile Device

[Nailhead]

I wouldn't be holding my breath on help from Obama, medical marijuana is not going to be a top priority for his administration, if one at all. If you want change, you need to take matters into your own hand. I strongly suggest getting the help of local media. If you sit around waiting for Obama to rescue you from your problems you are going to be waiting outside your evicted apartment.

[Johnny Appleweed]

I'm delivering a letter to my landlord and AHA tomorrow.

The letter will contain accusations of fraud and perjury and Bane Act violations against an AHA case worker and probably the Section 8 Program Manager, if not, he's just plumb negligent because he has no idea what his employees are doing.

Since the AHA is actually a sub-contractor, their employees are not immune from prosecution or liability.

The letter will contain accusations of Bane Act violations against my landlord as described in the previous post.

The letter will contain challenges of the CSA Schedule I "marijuana' statement and the HUD documentation, which is neither transparent nor does it rely on accurate data, the Data Quality Act will be sited.

This matter will be before a judge soon. I will provide the judge with all recent California Supreme Court and Federal Court rulings as well as substantial medical evidence of how well medical marijuana worked for us when all other known treatments failed!

This is going to be a landmark case! Either AHA and HUD will terminate a family's voucher despite successful use of medical marijuana under doctor supervision, and we're talking a mainstream GP who is highly reputable -- he's met GWB, he writes books, he's very community orientated, he has a private practice, etc... This is no different than the witch hunts and Nazi death lines of yesteryear. Will we as a community tolerate this?

Now's the time to speak up.

If they take our rights, yours are next.

Regardless, the only way this matter will be resolved at this point-in-time is by a judge!

[Big K R]

Please keep us informed. Stay safe and God bless you with the judge.

[In_Hollywood]

Hi Johnny Appleweed! Please keep me/us informed about what you are doing and up against as I may need to do the same. According to my Resident Manager, the Lease agreement states about "illegal use of premises for drugs, criminal activity . . ." as part of violations and he told me HUD Housing is a Federal subsidizsed program (that is to say the tennants/apts. gets MONEY from the Feds. and could loose this funding if there are illegal drugs or criminal activity within the apt. or building). Federal law says Mj is a "drug" and they do NOT recognise MMJ. I think, this is the problem, as I am or was growng MMJ 5 plants + had 6 clones here, which are now going away, so . . . No more "growing", but they still can site the MMJ use as "drug" use in the apt. and try to evict me for that or any other issue they can try to find to do so! I am trying to comply to the lease as best as I can to stay here . . . my rent is $213. a month and to move would be very costly and burdensome for me alone! Sure, I might be allowed to say, but loose the subsidy then would have to pay around $1, 075. to $1,175. or so, and my S.S.I. is about $870. a month to live on!!! Not sure what I'm going to do + I'm trying to call or email people to see what info. or help or attorney I can find to protect my rights as a tennant & MMJ Patient. So far haven't been too successful in finding help. =Judy=
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[Johnny Appleweed]

Originally Posted by Nailhead

You need to contact every local news organization you can think of. Contact all of the TV stations and news magazines. TV news is the best, but let anyone run the story that wants to. The more media coverage, the better your chances. Get the public behind you!

Maybe we can all help out by sending e-mails to some local TV news networks urging them to report on your situation. This is why we have a free media, don't hesitate to use it!

Hey, we'll be busy preparing our legal defenses. If you'd like to help, or if anybody else would like to help, call the local media and find out what their interest is in all this! ...do they care? Do they know anybody who consumes medical marijuana? Do they believe our rights should be enforced and that we should not be harassed?

..."one LA County tenant was growing and smoking medical marijuana with great success, the other tenants, an entire county away, they both have had tremendous success with medical marijuana too, but they don't grow. They just consume medical marijuana and they get their medical marijuana from caregivers. Both are HUD tenants and could lose their vouchers due to use of medical marijuana *and* be out on the street by Thanksgiving due to the only known medicine that works for them. More at 11."

Also, if anybody's interested in doing a protest when our court cases are heard, chime in!

In_Hollywood, you have a right to an informal hearing with AHA. If you cannot substantiate a need for a reasonable accommodation to use medical marijuana, they can terminate your assistance. My doctors gladly signed my forms, and both are reputable doctors. So, I have grounds for a "reasonable accommodation", but a judge will have to make the decisions since the managers, landlords, AHA, and HUD are being primitive.

At my informal hearing, it was like a Nazi death line. The guy did not want to hear anything from me but for me to recite the false CSA Schedule I "marijuana" statement, and that's it. He refused ot hear all other evidence, including evidence that implicates the worker for fraud, perjury, and Bane Act violations. But, he did accept additional evidence, however, he addressed none of it in his decision, none. He just recited...the false CSA statement.

Be prepared for the worst and don't over-react during the hearing, just be patient. I did fine. They gave me lots of time whereas they claim they could have put me out 30-days ago.

This is THE next battle we all need to fight; "evictions of MMJ patients"!

Besides all of which we just discussed, the Raich Supreme Court decision did not address several issues, including the ubiquitous "medical defense", and the commerce action they took is so flawed, it's...inexplicable and certainly not applicable, it's gotta be fixed. It makes no sense whatsoever. And Prop. 215 was clear on the commerce issue; "Declares that the measure not be construed to supersede prohibitions of conduct endangering others nor to condone diversion of marijuana for non medical purposes.", Jerry Brown just spelt it out for the ignoramuses. There's more, I have to go back to the Supreme Court analysis, there's soooo much missing in that one.

[oswizzle]

my goodness.....u get free Goverment handouts.....growing in a section 8 housing apt.......lol

Judy isnt the brightest person in the world is she

[In_Hollywood]

Originally Posted by oswizzle

my goodness.....u get free Goverment handouts.....growing in a section 8 housing apt.......lol

Judy isnt the brightest person in the world is she

= = = = = = = "If you can't say anything nice, don't say it!" I am not recieving section 8, nor free government handouts! I can NOT work, as diagnoised by my Dr.'s (I have several "disabilities" under the Disabilities Act)! I also am NOT stupid! Under CA Prop. 215 law, I can have up to 8 OZs of MMJ, and as a guideline, 12 plants (I had 5 mature plants & 6 immature clones = 11 total, NOW, all gone! You're comments seem to indicat you're probably a teenager who likes to get "stoned" for fun, NOT medicinally, like me! =Judy=
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[In_Hollywood]

P.S. I live in HUD Housing, not a "Section 8" voucher program, and am on S.S.I. due to my disabilities. =Judy=
Posted via Mobile Device

[In_Hollywood]

Originally Posted by Johnny Appleweed

Hey, we'll be busy preparing our legal defenses. If you'd like to help, or if anybody else would like to help, call the local media and find out what their interest is in all this! ...do they care? Do they know anybody who consumes medical marijuana? Do they believe our rights should be enforced and that we should not be harassed?

..."one LA County tenant was growing and smoking medical marijuana with great success, the other tenants, an entire county away, they both have had tremendous success with medical marijuana too, but they don't grow. They just consume medical marijuana and they get their medical marijuana from caregivers. Both are HUD tenants and could lose their vouchers due to use of medical marijuana *and* be out on the street by Thanksgiving due to the only known medicine that works for them. More at 11."

Also, if anybody's interested in doing a protest when our court cases are heard, chime in!

In_Hollywood, you have a right to an informal hearing with AHA. If you cannot substantiate a need for a reasonable accommodation to use medical marijuana, they can terminate your assistance. My doctors gladly signed my forms, and both are reputable doctors. So, I have grounds for a "reasonable accommodation", but a judge will have to make the decisions since the managers, landlords, AHA, and HUD are being primitive.

At my informal hearing, it was like a Nazi death line. The guy did not want to hear anything from me but for me to recite the false CSA Schedule I "marijuana" statement, and that's it. He refused ot hear all other evidence, including evidence that implicates the worker for fraud, perjury, and Bane Act violations. But, he did accept additional evidence, however, he addressed none of it in his decision, none. He just recited...the false CSA statement.

Be prepared for the worst and don't over-react during the hearing, just be patient. I did fine. They gave me lots of time whereas they claim they could have put me out 30-days ago.

This is THE next battle we all need to fight; "evictions of MMJ patients"!

Besides all of which we just discussed, the Raich Supreme Court decision did not address several issues, including the ubiquitous "medical defense", and the commerce action they took is so flawed, it's...inexplicable and certainly not applicable, it's gotta be fixed. It makes no sense whatsoever. And Prop. 215 was clear on the commerce issue; "Declares that the measure not be construed to supersede prohibitions of conduct endangering others nor to condone diversion of marijuana for non medical purposes.", Jerry Brown just spelt it out for the ignoramuses. There's more, I have to go back to the Supreme Court analysis, there's soooo much missing in that one.

= = = = = = = Johnny Appleweed, thanks for more of YOUR info., it helps! I want to see how this ends up, as today the Office returned my RENT check - as per proceedure, but since the 10 day evicton notice has expired (11/4/08) and states it's for "growing MJ", I have gotten rid of the 6 clones - back to dispensaries for meds, instead (thanks to 2 dispensaries!!) and have harvested the 5 outdoor 2'-3' plants and am not "growing" anymore which invalidates that 10 day notice! I plan to write a letter, of this fact, to the management Co. & their attornies indicating I'm "complying" with my lease, but that I'm a MMJ Patent w/Dr.'s recommendaton! We'll see what happens next! Afterwards, I will try to have my experience written up in LAJEEM or West Coast Leaf. =Judy=
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[In_Hollywood]

I agree, the next issue to be fought is: the MMJ Patients and HUD housing or any housing evictions! There's maybe 300,000 MMJ Patients in CA who need to be able to live in apt.s or some form of housing - imagine what would happen IF all were evicted or to NOT be able to rent housing - due to being ill and a MMJ patient! = DISASTER!! =Judy=
Posted via Mobile Device

[In_Hollywood]

Decided NOT to write a letter to the Management Co. & attornies, as it would implicate me as "growing MJ"! UGH! Guess I'll have to see if I can find an attorney who knows MMJ law & tennant/landlord rights (evictions) - in HUD housing!! =Judy=
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[In_Hollywood]

Johnny Appleweed, do yo have an attorny & what kind?? Or are you defending yourself? Let me know, thanks. I'm having problems finding an attorney that's aware of HUD housing, Landlord/Tenant's rights, AND Prop.215 MMJ law & issues. ASA can't help, tried them, Bruce Margolin's Office can't help, am calling many places & running in circles, t seems! =Judy= Plus, I can't locate another 1 bedroom apt. for $550. to $700. unless it's very far from here and my 88 yr. old Mother who I am caretaking, now!!!
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[Eazy]

Originally Posted by In_Hollywood

Johnny Appleweed, do yo have an attorny & what kind?? Or are you defending yourself? Let me know, thanks. I'm having problems finding an attorney that's aware of HUD housing, Landlord/Tenant's rights, AND Prop.215 MMJ law & issues. ASA can't help, tried them, Bruce Margolin's Office can't help, am calling many places & running in circles, t seems! =Judy= Plus, I can't locate another 1 bedroom apt. for $550. to $700. unless it's very far from here and my 88 yr. old Mother who I am caretaking, now!!!
Posted via Mobile Device

In_Hollywood it looks like WeedTracker banned Johnny Appleweed. I read through his posts. He's a knowledgeable and cool guy. Anybody know why WeedTracker banned him?

If ASA and Bruce Margolian said they do not know about how medical marijuana relates to HUD rules and they gave you no referrals, this means they are like the rest of the attorneys out there today. They only handle money cases. Their cause is money. Under the law you are entitled to collect attorneys fees if you win your case. But, if an attorney goes against the system, they could be black balled and made poor. Good luck finding an attorney who will not sabotage your case.

[gmoney666]

Bruce Margolian is all about the cash

[In_Hollywood]

Originally Posted by Eazy

In_Hollywood it looks like WeedTracker banned Johnny Appleweed. I read through his posts. He's a knowledgeable and cool guy. Anybody know why WeedTracker banned him?

If ASA and Bruce Margolian said they do not know about how medical marijuana relates to HUD rules and they gave you no referrals, this means they are like the rest of the attorneys out there today. They only handle money cases. Their cause is money. Under the law you are entitled to collect attorneys fees if you win your case. But, if an attorney goes against the system, they could be black balled and made poor. Good luck finding an attorney who will not sabotage your case.

= = = = = = = Hi All, WOW! Johnny Appleweed got banned from WT -yikes! I almost did, because I was trying to re-home (to dispensries, mostly) my 1 OG Kush clone (which got exchanged for 1 gram of The Church at a nearby dispensary with compassion!), but seems WT realised what was happening! Yeah, seems most attornies are about money. =Judy=
Posted via Mobile Device

[In_Hollywood]

Didn't realise about the 'black-balling' though! = UGH! =Judy=
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[In_Hollywood]

Hi All, Found, by doing a Search, on Bobbie Wooten, what she is going thru in N.M. for only 2 plants = apt. eviction, similar to what I'm going thru! UGH! I'm going to need to look for an inexpensive ($500-$700?) 1 bedroom, nearby my Mom. Venice, Palms, Culver City, etc. (WestSide) UGH! =Judy=
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