Eviction for Medical Marijuana Use Wasn't Unlawful Discrimination

Landlord NYCHA terminated tenant’s lease based on several violations, including possession of crack cocaine, chronic nonpayment of rent, and possession of marijuana with intent to sell. Tenant appealed, claiming that NYCHA’s decision was unreasonable. She said that NYCHA discriminated against her as an individual with a disability. The court ruled against tenant. Tenant claimed that she smoked marijuana to self-medicate for epilepsy. Although New York’s Penal Law currently has no exception for medical marijuana, the legislature is considering a change to the law. But this wasn’t the only grounds for eviction. Tenant had five misdemeanor convictions in the three prior years for possession of a “controlled substance.” This meant tenant was in possession of other illegal drugs, because marijuana wasn’t classified as a controlled substance. The definition of a disabled person does not include someone who is currently engaged in the illegal use of drugs.

Moore v. NYCHA: NYLJ, 4/22/10, p. 38, col. 1 (Sup. Ct. Kings; Schack, J)