1. Sober Living Network Training
April 18
Dealing With Sober Homes:
‘Building Bridges’ Without
Doing A FACEplant
Marc Woods
Code Enforcement Officer
City of Delray Beach
January, 2011

2. Sober Living Network Training
What is a Sober Home?
April 18
A Sober House is a community home for persons in recovery from drug/alcohol abuse.
No treatment should take
place at the house.
It is intended to be the last step in the Florida Model of addiction treatment.
January, 2011

3. Characteristics of Legitimate Sober Homes
Democratic-self-governing--or-- house manager
Zero tolerance of alcohol/drug use by residents
Each resident is active in their recovery and participating in NA or AA program
AA or NA meetings on-site are permissible
Residents are deemed “disabled” for housing purposes by FHA/DOJ Joint Statement
Not subject to state licensing
Regular, random drug testing

4. Growing National Problem
Not In My Back Yard (NIMBY) politics
Local Governments Actively discriminate, undermine protections
State governments Decline to manage Housing Do Not effectively manage treatment providers
Federal government Limited protection (housing, disability), no industry regulation
Delray Beach, Florida

5. Sober Living Network Training
Where are They? Does it Matter?
Sober Living Network Training
April 18
January, 2011

6. Your Phone Calls Become 50FIRST DATES
WAY TOO MANY people in that house - Gotta be ILLEGAL Criminals Molesters
It’s a Business in a single family neighborhood !
DO YOUR JOB !!!

7. NIMBY Facts and Fears
American Planning Association finds these statements about Recovery Residences to be FALSE!
Decrease property values
Increase crime
Increase drug/alcohol usage
Are bad neighbors
Undermine neighborhood character
Overburden infrastructure
APA Guidelines adopted in 1997* (ignored?)
Fair Housing Amendments Act prohibits zoning regulations of community residences that are based on unfounded myths and fears about the residents. HOWEVER, municipalities and counties throughout the nation continue to use zoning to exclude community residences from single-family residential districts despite decades of planning standards and the vast majority of court decisions that recognize community residences for people with disabilities as a residential use.

8. Do Problems Really Exist?
Absolutely—past, present and future.
Vulnerable populations are prone to exploitation.
Quality of life, nuisance Ordinances are often difficult to enforce.
Predatory owners, landlords use disability rights as enforcement shields.
Historical lack of substantive/comprehensive industry regulations at local, state and federal levels.

9. “Disabled”- a protected class
Housing Rights
Home of Choice (FHA)
Community Integration (Olmstead)
Dignity, Free of Stigma (WHO)
Safe, Stable Home (SAMHSA)
People in Recovery
“Disabled”- a protected class
(ADA, FHA)

10. Fair Housing: What’s Protected
Equal access to appropriate housing.
Equally enforced neighborhood restrictions.
Local governments must make “reasonable accommodation” for persons with disabilities.
Local governments to remove barriers to disabled housing access.

11. Fair Housing: What’s Not Protected
Higher occupancy than natural families in the same neighborhood.
Unsafe conditions, poorly maintained property.
Illicit substance use; criminal activity; and threats to health, safety & property.

12. “Reasonable Accommodation”
Required by Federal Disability Law to accommodate persons with disabilities.
e.g. Request to have handicapped ramp intrude into setback because of max. slope angle.
Reasonable requests shall be accommodated.
Recovery Homes may request accommodation to zoning limitations on unrelated adult occupancy, submitting names of ‘disabled’ residents, listing the address of recovery homes, and more.

13. GET AN INVITE TO FEDERAL COURT !!
Zoning restrictions
Low occupancy limits
Conditional use permits, high fees
Moratoria
Unreasonable safety, inspection requirements
Unreasonable “reasonable accommodations”
Discriminatory in intent and/or effect

14. Cost of Discrimination
Displaces residents, destabilizes recovery
Decreases recovery-supportive environments, opportunities
Creates barriers to new locations, capacity
Increases operating costs, financial burdens on residents
Creates disincentives for entering recovery

15. Cost of Discrimination
Undermines many social services programs
Increases cost of addiction: homelessness, criminal justice, healthcare, family impacts …
Jeopardizes HUD funding
Wastes precious resources on expensive battles
Polarizes communities, fuels stigma

16. Solutions Framework Support standards, quality assurance organizations
Effective enforcement of housing Codes, nuisance, quality of life, health, safety laws
Support strong, clear protection of fair housing rights for disabled populations
Support strong provider and consumer organizations
Assist other areas of government in understanding the need for industry regulation

17. Department of Children & Families
Local government officials from South Florida expressed frustration as to the regulation of sober homes in their comments related to public input.
Research suggests that recovery residences may be a valuable component of a community based recovery maintenance system for substance use disorders

18. Sober Living Network Training
Self-Regulating Agencies
Sober Living Network Training
April 18
NARR’s Housing Rights Solutions
Unified voice & advocacy training: Locally, statewide & nationally
Gain clarity from DOJ/HUD
Create information/resources clearinghouse
Build alliances: Recovery, mental health & fair housing
Encourage public-private partnerships
Legal, cost effective oversight
Streamline reasonable accommodation
Build quality capacity
January, 2011

19. Sober Living Network Training
Recovery Residence Accreditation Agency
Sober Living Network Training
April 18
CERTIFIED BY FARR
Ensure all employees receive orientation and annually abide by the FARR Code of Ethics
Standards: Level 1= peer run, Level 2= monitored, Level 3= Supervised, Level 4= Service Provider
Most in Delray are level 2 and 3
BENEFITS OF FARR
Input into decisions affecting recovery res in FL
Increased credibility to meeting high level of standards
Participate in mentorship program
Referral base from FARR
Marketing at conferences through FARR
Knowing current trends and issues affecting recovery res
Opportunity to attend required counselor certification trainings at discounted cost to members on topics like: HIV, AIDS, ethics, cultural diversity
Be a part of an active, knowledgeable network, and enjoy fellowship with like-minded professionals
January, 2011

20. Turning the Tides: 2015 Florida Legislation
FSS Chapter 397 Requires:
DCF to create voluntary certification program for recovery residences
DCF to approve a credentialing entity to develop & administer certification program
Background screening of recovery residence employees, and a Certified Administrator.
DCF to publish the list of Certified Recovery Residences on its website.
Governor of FL signed into law on 6/11/2015
Effective date: 7/1/2015
Provides for denial, suspension, or revocation of certification
Directs DCF to approve at least 1 credentialing entity to develop & administer certification program

21. Sober Living Network Training
The Delray Beach Journey
Sober Living Network Training
April 18
Dubbed "the country's largest and most vibrant recovery community" by the New York Times in 2008.
Made the Top 10 Best Sober Living Communities list of TheFix.com in 2012
Adopted a series of laws intended to restrict sober houses and transient rental homes from operating in neighborhoods of single-family homes in 2009.
Lawsuit was filed/settled in 2012
January, 2011

22. Fears - Versus - Problems
The general public is ignorant and indifferent about the industry until the R-T-G truck drops off ten single mattress sets.. Then,
A lynch mob descends upon City Hall with pitchforks & torches
Residents demand a meeting with the Mayor/Commissioners/ Attorneys/Governor
Lather-Rinse-Repeat for every neighborhood that gets a new sober house.. (see 50FirstDates reference)

23. Fears -Versus - Problems
FEARS STATED BY RESIDENTS
“It’s a business operating in a single family neighborhood”
“They are holding meetings in a single family home !!”
“They have to be 1,000 ft apart”
“They are criminals and my family is in danger”
“Crime is going to go up and my property values are going to go down”

24. Fears – Versus - Problems
PROBLEMS YOU CAN ADDRESS
Overcrowded housing units
Excessive turnover of residents
Overflowing parking
Discarded syringes
Crime & Disorder
Litter and Cigarette butt snowdrifts
Homelessness of failed patients

25. COMPARISON OF 3 SIMILAR LOCATIONS C-F-S OVER AN 18 MONTH PERIOD
Police Calls
Fire Rescue Calls
Total Calls in 18 Months
1000 NE 9th Ave
Unlicensed
13 calls (11 crimes)
9 calls (6 OD’s 3 medical)
6 Drug overdoses/cut foot
19 (17 serious cases)
200 NE 11th St
Licensed
None
6 calls (medical)
Migrane/chest pains/shakes
6 (none serious)
800 Andrews Ave
3 calls (medical)
Flu,/short of breath
3 (none serious)

26. Fears – Versus - Problems
You CANNOT do anything to solve peoples’ concerns
You CAN focus on solving the problems which add to concerns
Let the industry solve the concerns by being good neighbors

27. Sober Living Network Training
Things That Cause Fear
Sober Living Network Training
April 18
Single Family home with medical samples box on front door used for urine sample pick-up
January, 2011

28. Sober Living Network Training
WTF !!
Sober Living Network Training
April 18
Alternative treatment methods are for concern but can be good for residents
January, 2011

29. Indicators for Concern
Single family home with 2 dining room tables in driveway and about a dozen chairs

30. Indicators for Concern
1200 sq ft house with an addition in the back to total 8 bedrooms, 14 clients come and go every day for treatment
WAY TOO DENSE

31. Indicators for Concern
Maid cart goes down 3 streets cleaning both multifamily and single-family units in a recovery residence saturated neighborhood

32. Indicators for Concern
Sober Home attached to a bar

33. Indicators for Concern
Picnic area with BBQ, residents are mixed- recovery and normal rental housing

34. Indicators for Concern
Inflatable movie screen. Non-recovery residents don’t like it but it is good for the people in recovery.

35. Delray Beach Approach
NEIGHBORHOOD SERVICES
ADOPT A STREET
CLEANUPS

36. Delray Beach Approach
NEIGHBORHOOD SERVICES
ADOPT A STREET
CLEANUPS

37. Delray Beach Approach LANDLORD PERMIT PROCESS (Not BTR)
REASONABLE ACCOMODATIONS FORM
CODE ENFORCEMENT/P&Z/PD/FD
SCCRA AND FARR
DEVELOPED STATE LEGISLATION
PARTNERSHIP WITH CHAMBER OF COMMERCE
PERFORM NEIGHBORHOOD SERVICES
ADOPT A STREET
CLEANUPS

38. Reducing Fears Of The Neighbors
Meet with the sober house operator and..
Ask that they hold an open house for the neighbors.
Ask that they ditch the white van and use a Suburban or Expedition XL for transport.
Encourage them to be the best looking house on their street.
Don’t let the guys throw a football in the street and show off all their tattoos.

39. Delray Beach Approach
DRUG TASK FORCE
dbdrugtaskforce.org

40. Recommendations for Problem Solving
BY: Elected Officials, P&Z and Management
Learn the provisions of FSS 397
Modify your Ordinances to strengthen housing codes and map out Detox hospitals.
Involve your staff attorney in the training of your employees and supervisors on legalities
Ensure all processes and procedures are not discriminatory in nature
Strive for communication and coordination

41. Recommendations for Problem Solving
Tools For Code Officers
Ignore ignorance
Learn the industry in your area
Use Laws & Ordinances already in place.
Meet with ethical providers to develop trust
Meet with administrators at your local DCF office
Learn DCF licensure to be more effective. Assist P&Z
Work closely with a staff attorney to support your work
Know how to NOT discriminate on paper or in practice.
Solicit info on problem houses from PD Officers/FD
Learn strategies to burden bad programs.

42. MY RECOMMENDED SHORTCUTS TO PROBLEM-SOLVING
Be open-minded and learn the recovery industry in your City.
Create/Join a Task Force that works together on solving the problems. Select members deliberately.
A. Include a local Recovery/Zoning Attorney on the Task Force.
Use your network to communicate with each other, But avoid stupid comments in writing !
Create relationships with FARR houses, the local DCF office, and responsible operators in your area.

43. RECOMMENDED SHORTCUTS TO PROBLEM-SOLVING..
5. Err on the side of caution.
6. Make all your efforts focus on consumer protection and the integrity of S/F neighborhoods.
7. Build trust and partnerships with the recovery community .
8. Stay close with the good houses, and closer with the problem operators.
9. Get the good guys on your side, and make the bad guys afraid of you.

44. Marc Woods City Of Delray Beach
We are happy to share—call and/or .
Marc Woods City Of Delray Beach
xt 7127