ISSUE:

The offer from the buyer has additional language stating that, “Seller understands that the property will be used for a drug and alcohol rehabilitation home.” The seller owns three other homes in the subdivision and does not want to accept this offer. Can the seller refuse to accept this offer because the buyer intends to use the home as a drug and alcohol rehabilitation home?

ANSWER:

No. Under the Fair Housing Laws, a seller cannot refuse to sell a residential property to anyone with a “physical or mental impairment.” A “physical or mental impairment” includes “drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.” See A.A.C. R10-2-101(17)(c)(i)(2).

Therefore, if the drug and alcohol rehabilitation home would be occupied by individuals that are no longer engaged in the illegal use of controlled substances, any refusal to sell the home to the buyer would be a violation of fair housing laws.