Legal Question in Civil Rights Law in California
I own a boarding house in Los Angeles county. I have 16 persons living there. One appears drunk or on drugs. The other tenants are disturbed by this. Do I have the right to ask him to submit to a drug test? Can I evict him for this reason? Can he pay for the drug test or do I. In the future as part of the rental application can I make it legal for me to ask for a drug test before or anytime after he moves in if the is suspician?
1 Answer from Attorneys
Just evict him based on his behavior, and offer to take him back if he passes a hair test. You'll never see him again. As to future prospective tenants, I don't know of any law that says you can't demand a "drug test." But you could possibly draw disability-discrimination claims from someone claiming a legitimate medical need to use whatever showed up on his "drug test." And urinalysis "drug tests" are basically intended to snag marijuana users -- most substances of abuse that cause serious behavioral problems tend to dissipate quickly. Basing your decisions on past and present -behavior- seems to me to be a better idea. If you take housing vouchers from a public agency, you should ask the agency about whether they have rules on the subject .