June 2022 Coach's Quiz
You catch two tenants smoking pot in the clubhouse in violation of your community’s anti-drug policies. Tenant A has a valid prescription from a physician to use marijuana to treat his post-traumatic stress disorder; Tenant B is just a casual user. Medical and recreational marijuana uses are both legal in your state. Which, if any, tenant(s) can you evict for violating your anti-drug policy?
a. Tenant A
b. Tenant B
An applicant shows up at your rental office as drunk as a skunk. She manages to fill out an application and leaves. What should you do?
a. Reject her on the spot because she’s obviously an alcoholic and alcoholics are troublemakers
b. Process her application and, if she qualifies, accept her as you would any other applicant
c. Reject her on the spot because she’s obviously a current user of alcohol
d. Ask her if she has an alcohol dependency
COACH’S ANSWERS & EXPLANATIONS
Correct answer: c
Reason: Rules #1 and #3 apply here:
Rule #1: It’s Okay to Have Reasonable Anti-Drug & Alcohol Policies
Rule #3: Make Exception for Current Use of Legally Prescribed Medical Marijuana
Marijuana is a controlled substance and it’s 100 percent legitimate to ban tenants from using it in common areas. Period. Both tenants violated this rule. So, (theoretically at least) you should be able to evict them both, and c. is the right answer.
Wrong answers explained:
a. is wrong because legalization laws allow for use of prescribed medical marijuana only in private and not in public.
b. is wrong because state and municipal laws that legalize marijuana, whether medical or recreational, don’t allow for public consumption.
Correct answer: b
Reason: Rules #4 & #6 apply here:
Rule #4: Don’t Ask Applicants About Alcohol Use
Rule #6: Don’t Reject Applicants Because They’re Alcoholics or Former Drug Users
Current alcohol dependency, if the applicant really has one, is a disability under the FHA. And as long as it doesn’t interfere with her ability to meet the terms of tenancy, you can’t factor it into your rental decision. You must proceed to screen her the way you would any other applicant. If her credentials are strong, you have no basis to believe she can’t meet her tenancy obligations and should accept her—at least if you would accept another person with exactly those qualifications who didn’t have an alcohol dependency.
Wrong answers explained:
a. is wrong because your decision to reject the applicant is based on personal beliefs and stereotypes associated with persons who have alcohol dependencies.
c. is wrong because the current/previous use distinction applies only to illegal drug use; current and former alcohol use are both considered disabilities under the FHA.
d. is wrong because you’re not allowed to ask applicants whether they have alcoholism or other disabilities, unless you’re leasing housing reserved solely for people with such disabilities.
See The Lesson For This Quiz
|Excluding Drug Users Without Committing Disability Discrimination|