It’s easy to make a decision on a tenant applicant whose background check turns up a recent drug-related conviction. But what about an applicant who admits to being a recovering alcoholic, or whose tenant screening report finds a court-ordered and completed drug addiction rehabilitation program? Does such a red flag constitute grounds for denying the person’s rental application?
One might think so, but the answer is no, and landlords must be careful to not go against Fair Housing Laws in this instance. The federal Fair Housing Act prohibits discrimination in housing based on a disability, which is defined as a physical or mental impairment that substantially limits at least one major life activity. This definition covers people recovering from alcoholism and drug addiction.
Tenant applicants who have successfully completed a drug treatment program (and can prove it) are protected under the disability provisions of the Fair Housing Act. This means that a landlord cannot refuse to rent to someone solely because of a history of drug addiction.
Tenant applicants who have successfully completed a drug treatment program (and can prove it) are protected under the disability provisions of the Fair Housing Act. This means that a landlord cannot refuse to rent to someone solely because of a history of drug addiction.
If you’re dealing with a criminal conviction, especially a relatively recent one, then you are within your rights to deny the applicant. But be sure your decision doesn’t go against Fair Housing law and unfairly deny someone who is doing their best to get their life back together.
