HomeMy WebLinkAbout18-07 - Regulate Sober Living Homes -RESOLUTION NO. 18-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
SUPPORTING LOCAL AUTHORITY TO CERTIFY AND REGULATE RESIDENTIAL
RECOVERY FACILITIES (SOBER LIVING HOMES)
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES
HEREBY RESOLVE AS FOLLOWS:
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
Resolution No. 18-07 Page 1 of 3
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.
WHEREAS, the City of Costa Mesa is working with a coalition of other Orange
County and Los Angeles County electeds to make changes at the state level.
NOW, THEREFORE, BE IT RESOLVED that the City of Costa Mesa supports
federal and state 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.
PASSED AND ADOPTED this 61h day of February, 2018.
c
Sandra L. Genis, Mayor
ATTEST:
Brenda Green City Clerk
APPROVED TO FORM:
Thomas Duarff, City Attorney
Resolution No. 18-07 Page 2 of 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City Council of the City of Costa Mesa, DO
HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 18-07
and was duly passed and adopted by the City Council of the City of Costa Mesa at a
regular meeting held on the 6th day of February, 2018, by the following roll call vote, to
wit:
AYES: COUNCIL MEMBERS: Foley, Righeimer, Stephens, Mansoor, Genis
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 7th day of February, 2018.
Brenda Green;, City Clerk
Resolution No. 18-07 Page 3 of 3