Sober-living
Homes
1. Terms and
Taxonomy of Uses
2. Legal Landscape
3. Best Practices
1. Terms and Taxonomy of Uses
“group home”
???
Group home =
•
subcategory of “community care facility”
•
24-hour care and supervision of children
1. Terms and Taxonomy of Uses
Services
1. Medical
2. Nonmedical
3. No services
1. Terms and Taxonomy of Uses
Services
Medical =
“health facility”
DPH
examples
• hospitals
• “congregate living health facility”
• skilled-nursing
• developmentally-disabled
1. Terms and Taxonomy of Uses
Services
Nonmedical =
“community care facility”
If not alcohol- or drug-related
or
“alcoholism or
drug abuse recovery or
treatment facility”
If alcohol- or drug-related
1. Terms and Taxonomy of Uses
Services
DSS
Nonmedical =
“community care facility”
examples
• mental health
• physical or developmental
disabilities
• foster, adoption, minors
1. Terms and Taxonomy of Uses
Services
DHCS
Nonmedical
alcohol- or drug-related =
“alcoholism or drug abuse
recovery or treatment facility”
aka
“residential AOD facility” or
“residential treatment facility”
1. Terms and Taxonomy of Uses
AOD
“Nonmedical services”
Statute broadly defines as:
1. “recovery services”
2. “treatment services”
3. “detoxification services”
1. Terms and Taxonomy of Uses
AOD
“Nonmedical services”
Indicators of services:
•
•
•
•
•
•
•
Admission
Intake Assessments
Planning
Referrals
Documentation
Discharge, continued-care planning
Outcomes
1. Terms and Taxonomy of Uses
AOD
“Nonmedical services”
“detoxification service” =
• “a service designed
• to support and to assist an individual
• in the alcohol and/or drug withdrawal process
and
• to explore plans for continued service”
1. Terms and Taxonomy of Uses
AOD
“Nonmedical services”
“recovery” or “treatment” = not defined
But “alcoholism or drug abuse recovery or treatment
service” =
“designed to promote treatment and maintain recovery …”
Includes (not limited to) one or more of the following:
•
•
•
•
•
detoxification
group sessions
individual sessions
educational sessions
planning
1. Terms and Taxonomy of Uses
AOD
“Nonmedical services”
But DHCS also specifically regulates
• Health-related services
CPR, first-aid, control of medications
• Food service
Meal planning and preparation
• “Activities”
1. Terms and Taxonomy of Uses
AOD
“Nonmedical services”
In a word …
1. Terms and Taxonomy of Uses
No Services
IF no nonmedical detox, treatment,
or recovery services
THEN
• “sober-living home”
• aka “recovery house”
• “where the facility provides
no care or supervision”
1. Terms and
Taxonomy of Uses
2. Legal Landscape
2. Legal Landscape
Local subject to
State
Federal
2. Legal Landscape
Legal Facts:
In
recovery
=
disabled
2. Legal Landscape
Legal Facts:
disabled
=
protected
class
like race
and religion
2. Legal Landscape
Legal Facts:
So …
Government may not
discriminate against*
*as in, adversely
(in favor? stay tuned)
2. Legal Landscape
Real implications for
local regulation
• Will not act to
discriminate
• Clean record
2. Legal Landscape
Protections
• State license
• ≤ 6 : no
• business
• special zoning
• ≈ single family
2. Legal Landscape
Protections
• State license
• 7+ : yes
• business
• special zoning
2. Legal Landscape
Protections
• State constitution
• privacy
• Not “who”
• Just use
2. Legal Landscape
Protections
The use =
“single housekeeping unit”
Common
• Lease
• Chores
• Expenses
• Access
• Choice (roommates)
2. Legal Landscape
Protections
Federal
(and State)
Disabilities, Fair-housing
• “facial discrimination”
• discriminatory intent
• disparate impact
• reasonable accommodation
2. Legal Landscape
Protections
• “facial discrimination”
• discriminatory intent
• (clean record)
• disparate impact
• broader application, equal
enforcement
• reasonable accommodation
2. Legal Landscape
Protections
reasonable accommodation
Accommodation is
• “… necessary to afford
• such person
• equal opportunity to
• use and enjoy a dwelling.”
2. Legal Landscape
Protections
reasonable accommodation
Accommodation is
• unreasonable if
• fundamental alteration
• undue financial, admin
burden
2. Legal Landscape
Protections
What does a reasonable
accommodation look like?
small state license?
single housekeeping unit?
no zoning at all, ever?
Best Practices
• Public meetings
• Local Regulation
– Comments
– Nuisance
(document!)
• Not discriminatory
– Criminal activity
• Rehabilitate
(document!)
– Reasons
– Zoning (single family)
• Neutral terms
– License requirements
• Legitimate
and conditions
governmental
– Consistent, equal
concerns
enforcement
• Supporting evidence
– Normal practices
Best Practices
• Complaint protocol and
investigation
– If not licensed, verify that
operating as a true soberliving home (i.e., not
providing any care or
supervision that requires a
license)
– Confirm compliance with
applicable laws
– Standardized response letter
– Try to work with operator
– Vigorously enforce municipal
codes
– Impose necessary and
appropriate conditions and • For violations
limitations on facilities
– Require corrections
serving 7 or more
– Admin citations
– If state-licensed, review
– Obtain injunction
materials and request
investigation when
– prosecute
appropriate
Final Thoughts
• Explore and pursue • Update municipal
legislative solutions
code provisions (e.g.,
eliminate overlapping
use definitions and
• Consider whether
negative impacts are gaps)
common to broader
class of uses,
• Rise above the fray,
regulate the broader
and remain neutral
class and enforce
and professional.
equally
Thank You
A. Patrick Muñoz
(714) 662-4628
Todd R. Leishman
(949) 263-6576