There are a few laws that protect you and your access to housing from discrimination.  The law provides that you cannot be denied access to state or local government housing based on recovering from substance use disorder.  When the federal government provides the housing, the Rehabilitation Act protects you because of your recovery from substance use disorder.  The Fair Housing Act also protects you if you are in private housing.  These laws say that you cannot be denied housing based on a disability.

No.  You are protected from discrimination because recovery from substance use disorder is a disability.  However, your landlord can evict you if you begin using illegal substances.

Note: Landlords can generally evict tenants for other violations of the lease, such as failure to pay rent or disturbing neighbors.

First, consider talking to the landlord.  It is possible that there could be a misunderstanding.  It is often better to fix the issue informally if possible.

If you still think you were evicted or denied housing because you are in recovery from substance use disorder, you can file a complaint with the United States Department of Housing and Urban Development (HUD).  You do not need a lawyer to help you file a complaint.  You must file a complaint with HUD within one year of the incident.  To contact HUD, you can call (800) 877-0246, or go to the website at http://www.hud.gov.

No.  They cannot deny you treatment because you are taking a substance related to substance use recovery.  Medical professionals need to know what substances you are taking.  This is to protect you from harmful or fatal drug interactions.

No.  With most other benefits, you can be denied based on current illegal substance use.  Medical care is different.  Medical professionals need to know what substances you are taking to protect you from harmful or fatal drug interactions.  A doctor, doctor’s office staff person, or hospital staff person cannot deny medical care to you if you are using illegal substances.

No.  Because recovering from substance use disorder is a disability, you cannot be denied these benefits for that reason.  If you feel that you were denied these benefits because you are recovering from substance use disorder, you can get a Fair Hearing through your local DHHR office.  Read this article to learn more about Fair Hearings with the Department of Health and Human Resources.

No, recovery from substance use disorder is a disability, and your food stamps (SNAP) cannot be taken away because of it. Take a look at our Food Stamps Common Questions article for more information.

No.  You cannot be denied access because of your recovery.  However, you may be denied access or evicted for possessing illegal substances in the public housing unit, failure to pay rent, and other lease violations.

If you have been convicted for possessing or selling illegal substances for an offense that occurred while you were receiving federal student aid, you will be required to complete a worksheet while applying for federal student aid.  If the offense (not conviction) occurred while you were not receiving aid, it will not affect your eligibility.  Whether you are eligible depends on the following:

• Whether you possessed illegal substances or sold them;
• How many convictions you have and when they occurred; and
• Whether you completed an acceptable rehabilitation program since your conviction.

Please see the Federal Student Aid Eligibility worksheet.  If you need assistance completing or understanding the worksheet, call the Federal Student Aid Office of the Department of Education 1-800-233-3243.