Pincham backs mandatory drug tests for renters'

Pincham backs mandatory drug tests for renters'

Not only is it constitutional, but it makes "good sense" for landlords to impose mandatory drug tests on potential renters as part of their credit checks, former Illinois Appellate Court Justice R. Eugene Pincham said Sunday.

He agreed with two North Side building owners who are mandating drug tests for potential tenants.

"The landlord has the right to set the criteria for renting a building that he chooses and if he opts not to have drugs in his building and there is a vehicle by which he can prevent it, I'd think that's his right," Pincham told the Chicago Defender.

Pincham said those who use drugs are dangerous, "unreliable" and are engaging in illegal activity. "It discourages more desirable tenants who don't use drugs. What's wrong with this" policy? he asked. "Am I crazy" in supporting it?

When told that WVON's Cliff Kelley, who recently discussed the matter on his show said that there are a lot of "nice people" out there who use drugs, Pincham quipped: "You're not concerned about the wealthy, nice drug users. You're concerned about the unwealthy, un-nice drug users.

"If a landlord doesn't want people who use drugs in his building, that's his right," Pincham said. "If he desires people in his building who don't drink liquor, don't gamble, that's his right.

"Yes, it's constitutional for a private landlord to do this. He can't discriminate according to race, creed, or national origin or color, but he can certainly discriminate against people who are violating the law," Pincham argued.

"Would it be all right for him to exclude prostitutes from his building? Would it be permissible for him to prohibit shoplifters from living in his building, murderers, robbers, pimps?"

Asked if he sees this as the wave of the future in securing good tenants, Pincham said: "I wouldn't be a bit surprised. If I owned a building, I wouldn't want tenants who used drugs, shoplifted, pimped, robbed, burglarized and I think any landlord should have that right."

Kelley said he believes this practice could be unconstitutional.

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