Which of the following would NOT be protected under the handicap status of the Fair Housing Laws?

• A. Illegal drug users
• B. People with disabilities
• C. People who are blind
• D. People with HIV

Answer: (A)

The key idea is that the Fair Housing Act protects people with disabilities, but it does not extend that protection to individuals who are currently engaging in illegal drug use. Disability, under the act, includes a physical or mental impairment that substantially limits major life activities, a record of such impairment, or being regarded as having one. HIV infection and blindness clearly fall into disability protections, so those individuals would be protected. Current illegal drug users, however, are not considered handicapped under this law; protection can apply to those in recovery who are not currently using illegal drugs, but not to those actively using drugs. Therefore, illegal drug users would not be protected under handicap status.