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Sunday, July 6, 2008

What to do about Sober Houses?

The City Council is about to pass an ordinance defining “sober houses” and establishing spacing and other requirements for some of the larger ones. There are a lot of them in our City. Merriam Park and West Seventh seem to be the most desired neighborhoods for sober house landlords to set up shop in. After pressure from District Councils and other community groups the city did authorize the Planning Commission to study the matter and submit suggestions. Simply speaking, that is why the Council is looking at this ordinance now.

The issue gets tricky for several reasons. Application of the Federal Fair Housing Act has stated that recovering alcoholics are protected from housing discrimination as disabled people. Nobody seems to know just how many of these places there are or how well the “clients” are doing in their recovery. Neither does anybody seem to know how many automobiles the residents need to park in the neighborhood and nobody seems to know what other problems the residents may have.

Local and/or state land use regulations and/or funding requirements control treatment facilities, but nobody receives any treatment at a sober house. These facilities have various requirements that they need to meet, including spacing requirements. One reason for spacing requirements is to avoid creating disability-concentrated, ghetto-like areas.

The advocates for this housing speak of creating new “families” of recovering people and seem to think that those who oppose them are either near-sighted, bigoted, or both.

But when a family lives in a house, they just sign one lease and send one check to the property owner. In other cases where each individual sends his/her own check to the landlord, they are covered under Boarding or Rooming House licenses. These are licensed by the city for safety, spacing, and consumer protection reasons.

The owners also use the analogy to housemates who share living units. This analogy breaks down for some of the same reason that the family argument does, that there is only one lease and one check. And the law specifically limits housing units in this city to four unrelated adults. Following this train it seems that the sober house advocates seem to feel that being a recovered alcoholic [or actually just a teetotaler] gives one rights that others do not have.

So it seems like under present rules and regulations that if I were a landowner that I could rent a large house to any number of unrelated adults at monthly rates of a few hundred dollars each. If the renters are willing, it may be free market capitalism, but exactly how free the market is is debatable, since many recovering people have seriously compromised financial situations as a result of their problem[s]. If I can get five or six people to pay $400 each it might beat having a group pay $1200-$1500. And if it turned out that one or more of the folks got tipsy and disruptive, it could be passed off as some poor soul who misstepped. I am not a treatment provider so it would not be my direct worry.

The proposed ordinance is pretty mild. It only affects larger houses and imposes minimal spacing and distancing requirements. The distance is 330 feet. For reference note that the spacing requirement for Community Residential facilities is 1320 feet [one-quarter of a mile] and the average city block is 330 feet by 660 feet [street rights-of-way included.] It also allows for some fire and safety codes and inspection thereof for the larger houses.

It is interesting that as I watched the replay of Wednesday’s City Council public hearing that I did not detect any testimony from doctors or treatment professionals saying that their clients needed this kind of housing. Testimony seemed to be primarily from landlords and people representing them.

I understand that the city is limited in what it can do and do suggest the Council pass what they have in front of them if they are afraid to be more aggressive in protecting both recovering clients and their neighbors, but seriously wonder why they cannot move the spacing requirements up and the minimum number of residents defined as a sober house down.

You may send your comments telling me how much of a bigot I am.

Earlier postSober Houses, Neighborhoods, and Planning [2/24/08]

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