Athens Navigates Legal and Community Concerns in Regulating Recovery Housing
The Athens City Planning Commission is grappling with how to regulate recovery homes, a challenge increasingly common across Ohio and the nation. Recent resident complaints about unregistered operations and police activity have spurred the commission to draft new zoning and permitting rules, but these efforts must navigate complex anti-discrimination laws.
Unregistered Operations and Resident Concerns
Two recovery homes operated by Nex Level Behavioral Health and Addiction Services, a Columbus-based company, recently came under scrutiny after residents voiced concerns about frequent police calls. It was discovered that Nex Level had been operating these homes for months without state registration or accreditation – requirements under Ohio law. The state Department of Behavioral Health issued a notice to Nex Level on February 5, giving them 60 days to comply. Nex Level subsequently submitted registration forms and is now working towards accreditation.
Nex Level’s Executive Director, Joi Jones, attributed the initial lack of registration to an oversight. She has since moved residents out of the homes while the accreditation process is underway, and stated a plan to prioritize local residents for placement in the future.
The Landscape of Recovery Housing Standards
Recovery homes are designed to provide a supportive environment for individuals recovering from substance leverage disorders. These homes operate at varying levels of support, as defined by the National Alliance for Recovery Residences, with increasing requirements for staffing and supervision at each level. Ohio Recovery Housing maintains a 77-page manual of operating standards covering these levels.
Nex Level’s Athens homes are registered as level two, meaning they are primarily resident-run with minimal paid staff oversight. Accreditation requires meeting standards for staffing, supervision, and support services, and is recertified every two years. Ohio Recovery Housing is working to implement more frequent support visits to ensure ongoing compliance.
Funding Challenges and Treatment Facility Connections
Funding for recovery housing is limited, with operators often relying on revenue from associated treatment facilities that offer counseling, therapy, and other billable services. It’s common for treatment providers to operate recovery homes as a way to support their clinical services. However, federal law prohibits requiring residents to utilize these treatment facilities or offering incentives for doing so.
Navigating Anti-Discrimination Laws
As Athens develops local regulations, it must be mindful of the Fair Housing Act, which prohibits discrimination against individuals in addiction recovery. The U.S. Department of Justice recently weighed in on a case in Lawrence County, Ohio, emphasizing that local regulations cannot impose requirements on recovery homes that are not applied to other types of housing.
The Justice Department and the U.S. Department of Housing and Urban Development issued a joint statement in 2016 outlining examples of potentially discriminatory zoning restrictions, such as spacing requirements that limit the concentration of recovery homes.
What’s Next for Athens?
The Athens Planning Commission is scheduled to discuss draft zoning rules at an upcoming meeting. These rules will likely address the location of recovery homes and potential proximity restrictions. The commission must balance community concerns with the legal requirements to avoid discriminatory practices.
Did you know?
The Fair Housing Act protects individuals in addiction recovery, meaning local regulations must treat recovery homes similarly to other types of housing.
FAQ
Q: What is accreditation for a recovery home?
A: Accreditation involves meeting specific standards for staffing, supervision, and support services, ensuring a safe and supportive environment for residents.
Q: Can local governments regulate recovery homes?
A: Yes, but regulations must comply with the Fair Housing Act and cannot be discriminatory.
Q: What is Ohio Recovery Housing’s role?
A: Ohio Recovery Housing provides accreditation for many recovery homes in the state and is working to increase oversight through more frequent support visits.
Q: How are recovery homes funded?
A: Funding is often limited, with operators frequently relying on revenue from associated treatment facilities.
Pro Tip: Residents concerned about recovery homes in their neighborhood should attend Planning Commission meetings and voice their concerns constructively.
Want to stay informed about local planning and zoning issues? Visit the Athens Planning Commission website for meeting schedules and agendas.
