Can Tenants in Privately Owned Apartments Be Drug Tested?

Abstract

This article is the winner of the Apartments manuscript prize [sponsored by the National Multi Housing Council (NMHC)] presented at the 2001 American Real Estate Society Annual Meeting. Drug use is a serious problem in many apartment complexes where innocent tenants are victimized by violent crime, robberies and burglaries perpetuated by drug dealers and users. Recently the popular press has been reporting that apartment owners are requiring prospective and existing tenants to submit to drug tests. This article addresses the legalities of drug testing tenants under federal law in privately owned apartment. Federal statutes that may offer tenants legal recourse against landlords include the Fair Housing Act Amendments of 1988, the Rehabilitation Act of 1974, Section 504, and the Civil Rights Act of 1866.