Rental Housing Discrimination in Recovery Housing: Protections and Legal Rights

Rental Housing Discrimination in Recovery Housing: Protections and Legal Rights

Introduction

Recovery housing provides a vital space for individuals overcoming substance use disorders (SUDs), offering stability, accountability, and peer support. However, securing housing for these recovery communities is often met with discrimination from landlords, municipalities, and other housing providers. Under federal law, individuals in recovery—and those operating recovery housing—are protected from discriminatory practices under the Fair Housing Act (FHA), Americans with Disabilities Act (ADA), and Rehabilitation Act of 1973.

In this article, we’ll explore:

  • The legal status of individuals in recovery as protected under federal law
  • How the FHA protects recovery housing operators
  • Common discriminatory practices and legal recourse
  • Defenses used by housing providers and how they hold up in court

 

Federal Recognition of Addiction Recovery as a Disability

The Fair Housing Act (FHA) defines a disability as a physical or mental impairment that substantially limits one or more major life activities. This includes substance use disorder (SUD)—provided the individual is in recovery and not actively using illegal substances.

  • Substance Use Disorder as a Disability: Addiction is recognized as a chronic brain disease affecting major life functions, qualifying individuals in recovery as disabled under 42 U.S.C. § 3604 (f)(1)(B) and 24 C.F.R. § 100.201(a)(2).
  • Legal Precedents: Courts have consistently upheld that recovery from addiction qualifies as a disability, ensuring protection under both the FHA and ADA.

Implications for Recovery Housing Operators

Operators of recovery housing, whether nonprofit or for-profit, are legally protected under federal law when attempting to establish or maintain recovery residences. Discrimination against a recovery housing provider is often considered discrimination against individuals with disabilities.

Who Is Protected?

Residents: Individuals in recovery from substance use disorder.

Operators: Housing providers offering sober living accommodations.

Associated Persons: Anyone working with or advocating for individuals with disabilities (Hovsons v. Township of Brick, 89 F.3d 1096, 3d Cir. 1996).

 

Fair Housing Protections for Recovery Housing

The Fair Housing Act (FHA) prohibits discrimination against individuals based on disability, including those in recovery. This applies to rental transactions, zoning laws, and municipal regulations.

Forms of Illegal Discrimination

Under 42 U.S.C. § 3604(f) and HUD guidance, housing discrimination can take many forms, including:

1. Refusing to Rent or Lease Property

Landlords cannot deny housing based on disability status, including recovery from addiction. Any refusal to show or rent a property because of disclosed recovery housing intentions violates the FHA.

2. Disparate Treatment and Impact

  • Disparate Treatment: Occurs when a landlord directly discriminates by refusing to rent to individuals in recovery.
  • Disparate Impact: Occurs when a seemingly neutral policy disproportionately affects individuals in recovery, such as occupancy restrictions targeting group homes.

Courts recognize both forms of discrimination in cases involving recovery housing (Batista v. Cooperativa De Vivienda Jardines De San Ignacio, 776 F.3d 38, 1st Cir. 2015).

3. Unreasonable Occupancy Restrictions

HUD and DOJ have ruled that cities cannot impose additional occupancy permits or zoning restrictions on recovery housing that are not required for other single-family residences (City of Edmonds v. Oxford House, Inc., 514 U.S. 725, 1995).

4. Refusing Reasonable Accommodations

Landlords must make reasonable accommodations to allow individuals with disabilities equal access to housing. Examples include:

  • Waiving an occupancy limit for a recovery home.
  • Adjusting policies to allow shared housing for those in recovery.
  • Permitting support staff or counseling services on-site.

Failure to provide reasonable accommodations can lead to legal liability (Community House, Inc. v. City of Boise, 490 F.3d 1041, 9th Cir. 2007).

Defenses Used by Housing Providers (and Why They Fail)

Housing providers often attempt to justify discrimination with the following defenses. However, federal courts and HUD have repeatedly ruled against these claims:

1. “The Plaintiff (LLC) Is Not Disabled”

  • Argument: The recovery housing operator is not personally disabled and therefore lacks protection under the FHA.
  • Rebuttal: The FHA protects those associated with individuals with disabilities, including landlords and operators of recovery housing (Hovsons, 89 F.3d at 1100).

2. “There Were Other Reasons for Denial”

  • Argument: The housing provider claims the denial was due to unrelated leasing requirements (e.g., credit score, income verification).
  • Rebuttal: Courts have ruled that if disability played any role in the decision, it is still illegal discrimination (Community Services v. Wind Gap Municipal Authority, 421 F.3d 170, 3rd Cir. 2005).

3. “We Didn’t Know They Were Disabled”

  • Argument: The landlord claims they were unaware of the prospective tenants’ disability status.
  • Rebuttal: Willful ignorance is not a defense—HUD has stated that landlords have an obligation to comply with fair housing laws even if they do not explicitly know a tenant is disabled (HUD Memo: “A Guide for Housing Providers”).

4. “It’s Not a Good Fit”

  • Argument: Landlords often claim the property is “not a good fit” for a recovery home.
  • Rebuttal: Such statements have been ruled as discriminatory discouragement of housing opportunities under 24 C.F.R. § 100.70(a)-(c).

 

Legal Recourse for Discriminated Parties

If a recovery housing operator or resident faces discrimination, they can take legal action through:

  • HUD Complaints: File a discrimination complaint with HUD under the Office of Fair Housing and Equal Opportunity (FHEO).
  • State Agencies: Some states, like Massachusetts, have additional protections under M.G.L. c. 151B § 4.
  • Federal and State Courts: The FHA allows for civil lawsuits to recover damages, including compensatory and punitive damages.

 

 

Join Vanderburgh Sober Living!

At Vanderburgh Sober Living (VSL), we are committed to supporting recovery housing operators and advocating for fair housing rights. By joining the VSL Membership Organization, you’ll gain access to:

✅ Legal & Compliance Resources – Stay informed on federal and state housing laws.

✅ Operational Support – Best practices for running a successful recovery home.

✅ Advocacy & Networking – Connect with industry leaders and strengthen your impact.

Disclaimer: The information provided in this article and all articles in the Laws & Regulations category is presented for informational purposes only and is not intended as legal advice. Laws and regulations regarding recovery housing vary by state and locality, and their interpretation can change over time. This content is meant to discuss general legal and regulatory topics related to sober living and recovery housing. For specific legal guidance, please consult a qualified attorney or legal professional.