Medical Marijuana and ESA Trends - Checking in Again with FHA Expert JoAnn Nesta Burnett

Are you confused about whether your board can stop residents from smoking marijuana in your community even if they claim it is for medical purposes? Join Donna DiMaggio Berger and guest JoAnn Nesta Burnett, Shareholder at Becker, as they unravel the intricacies of marijuana use within community associations. Donna and JoAnn dig deep into the U.S. Department of Housing and Urban Development’s (HUD) current position on complaints related to medical marijuana and look closely at the proof required for smoking accommodations. They also explore the potential dilemmas posed by marijuana use, particularly in multifamily buildings, and discuss strategies that associations can implement to shield themselves from legal repercussions.
 
Shifting gears, Donna and JoAnn delve into the emotionally charged topic of fraudulent ESA and service animal requests. Their discussion reveals some bizarre requests for accommodations, such as chickens and bees! They share valuable insights on how these requests can impact homeowners’ associations and equip you with practical advice to navigate this minefield. Tune in to learn how to respond to ESA and service animal requests.

Conversation highlights include:

HUD’s position on medical marijuana use in multifamily properties Handling an employee's medical marijuana breaksUsing an “unlawful use clause” to restrict marijuana smokingUsing a “nuisance clause” to address marijuana smoke odorHUD’s criteria for evaluating reasonable accommodation requests for emotional support/service animalsHow to address criticism of rule enforcement