Litigation Landmines: Exclusionary Zoning and Sober Living Homes

Abstract

This article delves into the intricate landscape of sober living home ordinances within residential zoning districts, shedding light on exclusionary restrictions and requirements that have triggered extensive and costly discrimination litigation. Providing a concise history of the origins of modern-day sober living homes, the article examines legislative initiatives and ongoing litigation concerning zoning ordinances aimed at regulating these homes in residential neighborhoods. It explores the nuanced use or prohibition of specific terms and conditions within such ordinances and compares historical interpretations of regulatory provisions for recovery residences. The article presents examples of contentious terms and requirements that have fueled litigation, along with recent court interpretations. In addition, it offers recommendations for clearer and simplified provisions while discussing the potential risks associated with more detailed regulation of the internal operations of recovery residences