HomeMy WebLinkAbout23 - NB-3 - Attachment 1 - 1/2/2018Attachment 1
RESOLUTION SUPPORTING LOCAL AUTHORITY TO CERTIFY AND REGULATE
RESIDENTIAL RECOVERY FACILITIES (SOBER LIVING HOMES)
WHEREAS, in 2008, Congress passed the Mental Health Parity and Addiction Equity Act, which
made available additional insurance benefits to people with substance abuse disorders; and
WHEREAS, the passage of the Affordable Care Act in 2010 authorized adults under the age of
26 to use their parents’ insurance, required insurance providers to cover pre- existing
conditions, and guaranteed coverage despite multiple drug relapses; and
WHEREAS, an unintended consequence of the aforementioned benefits, stemming in large part
from the opioid crisis that has overtaken our country, has been the unplanned and rapid growth
of “sober living homes” in cities where local authority over residential recovery facilities is
limited by federal statutes in the Fair Housing Act (FHA) and the Americans with Disabilities Act
(ADA); and
WHEREAS, FHA and ADA protections were enacted before this business model existed and
such statutes are being exploited to protect bad actors in the field of addiction treatment and
recovery rather than, and at the expense of, patients and the communities that serve them;
and
WHEREAS, there is little government oversight of the Sober Living Home industry beyond
voluntary standards that are essentially self-policed; and
WHEREAS, Costa Mesa has 29% of the state licensed residential drug and alcohol facilities in
Orange County, California. There are over 100 licensed drug and alcohol treatment facilities in
town with another 80 plus identified unlicensed sober living homes currently in Costa Mesa.
WHEREAS, legitimate and well run sober living homes can be both good neighbors and
effective programs for struggling addicts. However, many sober living homes are operating
today without even minimum standards, resulting in the warehousing of patients in
substandard housing that endangers public health and safety; and
WHEREAS, the number of sober living homes operating in cities across the country is
unknown because there is no mandatory registration at any level of government.
NOW, THEREFORE, BE IT RESOLVED that the City of Costa Mesa supports federal legislation
that re- examines these statutes and recognizes and enhances local authority to limit and
regulate residential facilities in areas zoned residential; and that requires Sober Living Homes
to obtain an operating license and meet minimum consumer protection standards to protect
both the patients and the neighborhoods that support them.
___________________________________
Sandra L. Genis, Mayor
ATTEST:
APPROVED AS TO FORM:
__________________________ __________________________________
Brenda Green, City Clerk Thomas Duarte, City Attorney