Is Drug and Alcohol Addiction Considered a Disability?
Sometimes. It depends what you are applying for or what you are requesting. Is Drug and Alcohol Addiction a Disability?
Can I Make a Reasonable Accommodation Request Based on My Disability of Addiction?
Yes. If your doctor verifies that your addiction impairments meet the definition of disability under the fair housing act, then you are eligible to request reasonable accommodations as a person with disabilities. Exception: If your impairments are caused by current, illegal drug use, you will not be eligible.
Can Someone Be Evicted or Denied for Addiction?
For Housing Vouchers and HUD Housing:
HUD policies on Eligibility Determination and Denial of Assistance, state that a person can lose their housing assistance or be denied HUD housing if they are:
- Currently using illegal drugs of any kind or
- Abusing alcohol in a way that threatens the health, safety, or peace of other tenants.
However the HUD policies also state that in this situation the Housing Authority “may consider whether such household member has taken steps to rehabilitate or has been rehabilitated and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol.”
These HUD policies also state that in this situation if someone submits a reasonable accommodation request, the Housing Authority must consider your request, and that “An individual may also qualify as an individual with disabilities under Federal civil rights statutes, which prohibit discrimination against individuals with disabilities and include reasonable accommodation obligations.”
At this time, HUD has declared that medical marijuana is considered federally illegal, regardless of state law, and considered use of an illegal drug. However, HUD is allowing individual housing programs the option to decide whether to enforce this policy, and many programs are choosing not to pursue enforcement. Learn more: Medical Marijuana in HUD, Section 8, and Low Income Housing
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