Re: Ex of applicant is a recovery drug addict - Landlord Forum thread 357842

Re: Ex of applicant is a recovery drug addict by MrDan on June 23, 2018 @13:10

"Federal law prohibits discrimination in housing because of a handicap or disability (FHAA). The definition of disability includes people who are in recovery from drug or alcohol addiction. A person qualifies for protection under the state and federal fair housing laws if he or she is not a current illegal user of a controlled substance, is an alcoholic, or has any disease or condition associated with addiction to a controlled substance. However, the law does not protect current illegal users of a controlled substance. Landlords, owners, and other housing providers cannot discriminate against someone searching for or living in housing either because they believe the person is in recovery or because in fact the person is in recovery from drug or alcohol addiction"

Sec. 804. [42 U.S.C. 3604] Discrimination in sale or rental of housing and other prohibited practices
it shall be unlawful–
(2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of–
(A) that person; or
(B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
(C) any person associated with that person.

As you can see, both the applicant and ex are protected by Fair Housing. Your concerns are valid, just not legally applicable. Your use of the internet to search rental applicant backgrounds could also be problematic, leading to discrimination charges.

You should have a written policy of your rental criteria available to give out with every application. As to having any justification to 'reject their application', not unless they fail to meet your written rental criteria to rent. Otherwise, you are subject to a possible discrimination complaint. Will your insurance company cover you if you are found guilty of discrimination?

[ Reply ] [ Return to forum ]