Requesting Reasonable Accommodation Under the Federal Fair Housing Act: A Guide for Recovery Housing Providers
Introduction: What is the Federal Fair Housing Act?
The Federal Fair Housing Act (FHA) is a cornerstone civil rights law that protects individuals from housing discrimination. Enacted in 1968 and later amended, the law prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability. For recovery housing providers, the FHA is particularly important because individuals recovering from substance use disorders are considered people with disabilities—meaning they are entitled to full protection under the law.
In practice, this means municipalities, neighbors, and zoning boards cannot treat recovery homes differently from any other residential homes simply because individuals with disabilities live there. Yet despite these protections, recovery housing providers often face barriers like local zoning restrictions or public opposition. This is where reasonable accommodations come in.
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What is a Reasonable Accommodation?
A reasonable accommodation is a request to make an exception to a policy, rule, or practice to allow a person with a disability equal opportunity to use and enjoy a dwelling.
In the context of recovery housing, reasonable accommodations are often used to:
- Request zoning relief (e.g., to operate a sober home in a zone that limits unrelated residents living together)
- Challenge occupancy limits
- Avoid burdensome special use or conditional permitting processes
- Push back against discriminatory moratoriums or spacing requirements
The FHA requires that reasonable accommodation requests be granted unless the request imposes an undue financial or administrative burden or fundamentally alters the nature of the zoning program.
How to Request a Reasonable Accommodation for Your Sober House
To be effective, your request must include a few essential elements:
- A clear description of the rules or policy you are seeking relief from
- Example: Local zoning laws that limit unrelated individuals living in a single home.
- A statement that the individuals served by the home are people with disabilities
- This includes those in recovery from substance use disorders under the FHA definition.
- An explanation of how the accommodation is necessary
- You must show that the rule you’re asking to waive prevents residents from equal use and enjoyment of housing.
- A statement that the request does not impose an undue burden on the city or fundamentally change their zoning program
✍️ You do not need to disclose personal medical information or resident identities. General language describing the nature of the disability is sufficient.
Presenting the Accommodation Request to the Municipality
Each city or town may have a different process for submitting a reasonable accommodation request:
- Some municipalities have a formal application form.
- Others require a letter submitted to the zoning administrator, planning board, or legal department.
- Some cities route accommodation requests through disability commissions or fair housing offices.
📋 Do your homework: Before submitting your request, research the city’s process or contact a municipal staff member to confirm where and how to file it. Include supporting documentation such as operator qualifications, evidence of community need, and citations from the FHA.
The key is to be proactive, professional, and persistent. If the city tries to push your request into a conditional-use hearing or public review, that may be a red flag—reasonable accommodation requests are not supposed to be subject to public vote or discretionary approval.
Need Help with Recovery Housing and Zoning?
Navigating reasonable accommodations and zoning challenges can be tricky—especially for new developers and operators. If you need help preparing your request, identifying local procedures, or responding to city pushback, we’re here to help.
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