MANSFIELD — It’s now legal to use recreational marijuana in Ohio, but if you live in publicly-funded housing, things get a little more complicated.
That’s because both recreational and medicinal marijuana use are illegal under federal law. Housing choice vouchers (Section 8) and other types of housing assistance are funded through the U.S. Department of Housing and Urban Development (HUD), a federal agency.
Steve Andrews, executive director at the Mansfield Metropolitan Housing Authority, said this likely means people who rent while using federally-funded housing vouchers aren’t able to legally use in their own homes.
The same goes for residents of Turtle Creek Apartments, a senior housing complex managed by the Mansfield Metropolitan Housing Authority (MMHA).
Andrews said he and his peers across the state are seeking clarification on the legal conundrum and what it means for their clients.
“We are investigating, consulting our legal people,” Andrews said during a board meeting Tuesday. “The whole state and the housing authorities are asking these questions.”
MMHA attorney Matt Dooley said HUD tends to be more strict with federal employees than tenants in terms of enforcement.
“When screening your employees, HUD says you have to comply with the Drug Free Workplace Act of 1998 because you receive federal money,” he told the board.
“By the same token, if you’re talking about tenants, HUD doesn’t want you to start displacing people over what is really kind of a minor criminal offense.”
Board member Barbara Fulton, who resides at Turtle Creek apartment, said that “a whole lot of marijuana smoking goes on” there.
“Most of the people at Turtle Creek grew up in the ’70s,” she said.
HUD: Users of marijuana can’t be admitted to public housing
An article on HUD Exchange dated January 2022 states that public housing authorities like the MMHA aren’t allowed to admit users of medical marijuana to public housing, even if it’s legal in the state.
“Absent a change in Federal law, HUD does not have the discretion to admit users of marijuana, including medical marijuana, to HUD assisted programs,” the article states.
Housing authorities are also required by federal law to establish polices that allow for the
“termination of the tenancy of any household” where a member is “illegally using a controlled substance or the use thereof interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents.”
According to a blog post from the American Bar Association (ABA), the law differentiates slightly between federal housing applicants and occupants.
“The provision barring applicants from accessing federally assisted housing is a strict ban, but for residents already living there, some level of discretion is allowed,” the post reads.
“These federal provisions govern, even in states where medical cannabis use is expressly permitted.”
Section 8 voucher utilization down slightly from 2023
The authority has averaged a Section 8 voucher utilization rate of 90.86 this year. There were 1,670 Richland County households using a voucher in January and 1,661 in February.
Andrews said the authority is working to raise that percentage to at least 95, ideally 98.
Unfortunately, most of the applications are between 18 and 24 months old, so much of the applicants’ contact info is outdated.
“If we pull 100 (applications), we might get four (households) in a unit,” Andrews told the board.
For this reason, applicants for Section 8 housing are encouraged to contact the MMHA with any updates to their phone number or address.
Andrews said people can apply for a Section 8 voucher from anywhere. Some decline once they realize they have to live in Richland County for 12 months to use it.
The utilization rate for Mainstream Vouchers is slightly lower at 82.69 percent — about 64 out of 78 vouchers used. Households that include a non-elderly person with a disability are eligible for Mainstream Vouchers.
Andrews also informed the board of several staffing changes. Aretha Grier was promoted from tenant counselor to program manager. Alei Strickler was promoted from bookkeeper to community manager at Turtle Creek Apartments.
Tiffany Baker was promoted from bookkeeper to tenant counselor. Kristi Young, tenant counselor for the Crawford Metropolitan Housing Authority, is now office manager there.