New revisions for sober living home regulations come to Council committee

In Tuesday, October 14th's Social Services and Public Safety (SSPS) Committee meeting, Managing Attorney Michael Cravens will present new revisions to the long-discussed ordinance that would create local regulations for sober living homes.

Sober living homes are residences, privately owned and operated, reserved specifically for individuals recovering from substance use disorders. Sober living homes may provide some support services such as small-group meetings for residents, but they do not typically include clinical services you would find in a rehabilitation institution; they are primarily housing units rented only to people in recovery.

The federal Fair Housing Act and Americans With Disabilities Act prevent city governments from regulating sober living homes substantially differently that other housing units and services, so Lexington cannot restrict the density or availability of sober living homes. These acts do allow state and local governments to require that sober living homes have certain licenses and certifications in order to operate.

The proposed ordinance focuses on requiring sober living home owners to obtain a license from LFUCG, submit documents proving they have or are in process of obtaining certifications, and creates an enforcement structure that would allow Lexington to close out-of-compliance sober living homes.

The proposed ordinance outlines the following:

• Operators have to obtain a Recovery Residence License from the city. Licenses would need to be renewed annually.
  • To obtain the license, an operator must be able to prove that they have obtained certification from the Kentucky Recovery Housing Network, the National Alliance of Recovery Residences, or Oxford House. A certification from one of these organizations demonstrates the operator is meeting certain minimum standards for a safe sober living home.
  • Operators without a certification need to prove they are in process toward getting one. These certification bodies require sober living homes to be fully operating before becoming certified.
• Operators have to obtain a Zoning Compliance Permit from the city.
• As part of their application, operators would have to submit a Rehousing Transition Plan that shows how operators would work to rehouse their tenants if the sober living home closes.
  • If a sober living home plans to close, whether by choice or by forced closure from the city or state, they would have to notify their tenants of the closure 60 days before the final day of operation.
• Operators would have to notify the neighborhood or homeowners' association they are located in, and/or any adjacent property owners about their sober living home's operation.
• Operators would have six months to obtain all the necessary licenses and permits from the city after they begin operating.
• If operators are found not to be in compliance, they could be subject to an initial fine of up to $1,000, and potentially a lien on the property or closure of the home if they remain out of compliance.

Most of the revisions added to the initial draft add or adjust definitions of terms mirror state laws regulating sober living homes, or add points of clarification regarding how LFUCG would enforce the ordinance.