The U.S. Department of Housing and Urban Development (HUD)
reiterates this fact in its guidance for federally assisted properties.
State lawmakers should keep affordable housing operators’ obligations
in mind as they continue to adopt policy in this area. HUD released a
memo in 2014 specifying that owners of federally funded properties
must “deny admission to any household with a member who the
owner determines is, at the time of application for admission, illegally
using a controlled substance as that term is defined by the CSA” as
required by the Quality Housing and Work Responsibility Act of 1998.
Additionally, in 2011, HUD also released a memo on the use of
medical marijuana in federally assisted housing that states the use of
marijuana for medical purposes violates federal law and that federal
and state anti-discrimination laws do not require leasing offices to
accommodate requests by current or prospective residents with
disabilities to use medical marijuana. Specifically, HUD concluded
that management may prohibit the use of medical marijuana as a
reasonable accommodation because: (a) persons who are currently
using illegal drugs (which include medical marijuana) are disqualified
from protection under the definition of disability in the law; and
(b) such a proposed accommodation is not reasonable under the
Fair Housing Act (FHA) because it would constitute a fundamental
alteration in the nature of the property’s operation.
Marijuana poses operational challenges for rental housing
providers as additional states weigh the costs and benefits of
legalization. To better assist affiliates in their advocacy, NAA has
created additional resources for affiliate staff to reference should
this issue arise in your area. If you become aware of any breaking
policy action addressing marijuana regulation in your state, or if you
have any questions or concerns on the subject, please contact Jodie
Applewhite, Manager of Public Policy.
NAA Debuts New Rent
Control Explainer Video
I
n an effort to shine a light on the unintended consequences
of rent control to the broader public, the National Apartment
Association has created this video explaining how regulating
rents reduces housing supply, discourages improvements to
apartment communities, and increases market-rate rents. The result
is higher rents and less affordable housing for everyone, with low-
income individuals and families hit the hardest. In short, rent control
hurts everyone, including those it was originally intended to help.
We hope that this resource will be helpful to all our members and
affiliates by showing how rent control is an ineffective, misguided
policy tool.
SCAN THE QR CODE
TO WATCH THE NAA's
"NO STEPS FORWARD, TWO
STEPS BACK" VIDEO
www.aamdhq.org
JULY 2019
TRENDS | 35