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Memo on Use of Marijuana in Multifamily Assisted Properties

Here is a memorandum that provides clarification regarding Multifamily policy related to marijuana in Multifamily properties.

Owners must deny admission to assisted housing for any household with a member determined to be illegally using a controlled substance (such as marijuana).   Owners may not establish lease provisions or policies that affirmatively permit occupancy by any member of a household who uses marijuana.   Owners must establish policies which allow the termination of tenancy of any household with a member who is illegally using marijuana or whose use interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents.  Owners have the discretion to evict or not evict current tenants for their use of marijuana.

If you have any questions regarding this memorandum, please contact Kate Brennan at Catherine.M.Brennan@hud.gov.  The memo will be posted on the HUD Multifamily Housing website.

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