Does the Fair Housing Act cover alcoholism under the protected class of disability?
Yes, both the Fair Housing Act and the Americans with Disabilities Act include alcoholism within the definition of handicap (disability).
The Fair Housing Act prohibits discrimination on the basis of disability in all types of housing transactions. The Act defines persons with a disability as those individuals with mental or physical impairments that substantially limit one or more major life activities. The term mental or physical impairment may include conditions such as blindness, hearing impairment, mobility impairment, HIV infection, mental retardation, alcoholism, drug addiction, chronic fatigue, learning disability, head injury, and mental illness. The Fair Housing Act also protects persons who have a record of such impairment, or are regarded as having such impairment.
The Fair Housing Act does not afford protection to individuals with or without disabilities who present a direct threat to the persons or property of others. Determining whether someone poses such a direct threat must be made on an individualized basis. A landlord cannot refuse tenancy based upon general assumptions or speculation about the nature of a person’s disability.
Current users of illegal controlled substances, persons convicted for illegal manufacture or distribution of a controlled substance, sex offenders, and juvenile offenders are not considered disabled under the Fair Housing Act and therefore do not have protected status.
Landlords cannot refuse to rent to someone who is an alcoholic or in recovery from alcohol addiction simply because of the person’s status as an alcoholic. Potential tenants cannot be asked for more or different information than would be asked of any other potential tenant, including information about medical treatment or whether the potential tenant is able to live independently. Landlords are prohibited from imposing different terms or conditions on a potential tenant because of his disability.
If the potential tenant, whether in recovery or not, qualifies to the standard rental criteria, a landlord must offer tenancy in the same manner as the landlord would for any other qualified applicant. However, since alcoholism is a disability, a landlord may be required to consider the tenant’s request for reasonable accommodations related to the tenant’s disability. If the potential tenant does not qualify to rental standards, the rejection of the application is handled per the landlord’s written policies and practices.