Under what circumstances may a landlord legally refuse to lease to a tenant?

A landlord may legally refuse to lease to a tenant who is currently using illegal drugs due to the implications of federal and state laws regarding drug use. The Fair Housing Act and similar laws aim to protect individuals from discrimination based on certain protected characteristics, such as race, color, religion, sex, national origin, family status, or disability. However, a current user of illegal drugs does not fall under these protected categories and can be treated differently by landlords. This means that landlords can have the right to deny a rental application if they have knowledge that the applicant is using illegal substances.

In contrast, individuals with disabilities, including those recovering from alcoholism, are protected under the Americans with Disabilities Act. A person with a disability cannot be denied housing based on their status, and a tenant who is a recovered alcoholic is also protected as long as they are not currently abusing alcohol. Additionally, families cannot be discriminated against solely based on having children, as family status is a protected class. Thus, the refusal to lease to a tenant using illegal drugs is legally permissible while the others listed are protected from discrimination.