HUD Housing, Drug and Alcohol Use & Medical Marijuana

31093434_1610696735652590_2933820111821209600_oIs 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 actthen 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:

  1. Currently using illegal drugs of any kind or
  2. 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.”

Medical Marijuana 

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


Updated February 2020. Please comment below with stories, ideas, questions or suggestions. Please let us know if any links on this page stop working. If you found this page helpful, please share it with others by pressing one of these magic little buttons:

 

1 thought on “HUD Housing, Drug and Alcohol Use & Medical Marijuana”

  1. If I live in HUD housing and was working for the same housing authority, can they evice me if I failed an employee drug test? Can they evict me for illegal drug use? No police report or charges.

    Like

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