The Recovery Housing Coalition: Legal Information
A great site for Information from PATH:
http://therapeutichomes.org/resources.html
People Advocating Therapeutic Homes (PATH) is a
Connecticut nonstock, nonprofit corporation recognized as a tax-exempt,
public charity under Section 501(c)(3) of the Internal Revenue Code.
PATH's Mission is to address the
shortage of such housing by promoting the creation and ongoing operation
of affordable, self-supporting therapeutic homes for persons in
recovery. These homes will provide a safe, structured, and supportive
environment for up to one year for residents who have already received
appropriate medical intervention. As a condition of occupancy, each
resident must agree to follow the home's therapeutic rules, as well as
meet financial obligations.
Legal case:
City of Edmonds Case
Oxford House, Inc. is a nonprofit umbrella
organization for 300 private, self-run, single-sex group homes for
recovering alcoholics and drug addicts. Oxford House group homes are
financially self-supporting, democratically governed, must be
completely alcohol- and drug-free, and are required to expel any
resident caught using alcohol or drugs.
According to Oxford House, the homes need at least
six residents in order to be financially self-sufficient and provide
a supportive atmosphere for recovery. Oxford House Edmonds, in a
typical single-family residential zone in Edmonds, Washington,
supports 10 to 12 residents.
In the dispute between the City and Oxford House
Edmonds, the trial court ruled that the zoning provision fit within
the FHAA's maximum occupancy exemption. Thus, no violation was
found.
The U.S. Court of Appeals for the Ninth Circuit
reversed, finding the maximum occupancy exemption inapplicable.
Because the Ninth Circuit differed with the Eleventh Circuit
decision in Elliott v. Athens, the U.S. Supreme Court granted
certiorari.
See the Supreme Court decision:
http://www.oxfordhouse.org/userfiles/file/ohrol.php