Excluding Drug Users Without Committing Disability Discrimination

Tenants who abuse drugs and alcohol may be endangering not only themselves but also their neighbors. Tenant substance abuse can result in criminal activity, violence, fires, disturbances, and other threats to apartment community health, safety, and tranquility. But, from a legal standpoint, cracking down on substance abuse isn’t so simple. For one thing, drug and alcohol dependency and addiction aren’t just social problems but diseases. As such, they may qualify as “disabilities” protected by fair housing laws.