Rhode Island Sober Living Law: Do Zoning, Building, Fire Codes Apply to Recovery Housing?

Rhode Island Sober Living Law: Do Zoning, Building, Fire Codes Apply to Recovery Housing?

Understanding the Legal Landscape for Recovery Housing in Rhode Island

Sober living homes provide a stable, structured environment for individuals recovering from substance use disorders. In Rhode Island, these homes are subject to both state and federal laws that protect residents from housing discrimination and establish guidelines for zoning, building safety, and certification requirements. Understanding Rhode Island’s legal framework is essential for both sober house operators—who must navigate zoning and compliance requirements—and municipal officials, who must ensure local policies align with fair housing protections.

A key recent development in Rhode Island law is HB 7382, which amends R.I. Gen. Laws § 45-24-31 to define “household” in a way that limits the number of unrelated people who can live together—but explicitly exempts NARR-certified recovery residences from these restrictions. Additionally, Rhode Island’s Department of Behavioral Healthcare, Developmental Disabilities, and Hospitals (BHDDH) now has the authority to certify recovery housing and regulate state referrals.

This article explores the legal rights and responsibilities of sober home operators in Rhode Island, including zoning laws, building and fire code compliance, certification requirements, and strategies for enforcing legal protections.

The National Legal Literature on Recovery Housing

While state laws vary, certain federal protections apply nationwide and set legal limits on how municipalities can regulate or restrict sober homes.

Key Federal Laws Protecting Recovery Housing

  • The Fair Housing Act (FHA) prohibits housing discrimination based on disability, which includes individuals in recovery from substance use disorders. Cities cannot impose zoning or land-use restrictions that treat sober living homes differently from other residential housing.
  • The Americans with Disabilities Act (ADA) ensures that individuals in recovery have equal access to housing and public accommodations. This law applies to state and local governments and sometimes to privately owned housing.
  • The Rehabilitation Act of 1973 prevents discrimination against individuals with disabilities in any program or activity receiving federal funding, which can impact zoning decisions, public housing policies, and municipal regulations.

For more information on national regulations, explore our guides:

The Fair Housing Act and Sober Living: Everything You Need to Know

Sober Living and Zoning: Legal Protections for Recovery Housing

 

Legal Protections for Sober Houses in Rhode Island

Rhode Island law reinforces federal fair housing rights and ensures that municipalities cannot unfairly regulate recovery housing.

HB 7382: Zoning and Household Definitions

Signed into law on June 24, 2024, HB 7382 amends R.I. Gen. Laws § 45-24-31 to redefine “household” and limit the number of unrelated individuals allowed to live together in a single dwelling unit. However, NARR-certified sober homes are exempt from these restrictions.

Key provisions of HB 7382:

  • Limits the number of unrelated individuals per household to five, except for NARR-certified recovery residences.
  • Standardizes zoning definitions across Rhode Island municipalities.
  • Provides legal clarity for sober living operators seeking zoning approval.

This means that local governments cannot impose occupancy limits on NARR-certified sober living homes, ensuring equal treatment under Rhode Island law.

R.I. Gen. Laws § 45-24-31: Legal Definition of a Household:

(36) Household. One or more persons living together in a single-dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. The term “household unit” is synonymous with the term “dwelling unit” for determining the number of units allowed within any structure on any lot in a zoning district. An individual household shall consist of any one of the following:

  • (i) A family, which may also include servants and employees living with the family; or
  • (ii) A person or group of unrelated persons living together. The maximum number may be set by local ordinance, but this maximum shall not be less than three (3) one person per bedroom and shall not exceed five (5) unrelated persons per dwelling. The maximum number shall not apply to NARR-certified recovery residences.

 

Sober House Certification in Rhode Island

Sober living homes in Rhode Island can be certified through BHDDH, either directly or through a contracted entity. Certification follows National Alliance for Recovery Residences (NARR) standards, which provide quality assurance and legal protections for recovery housing.

Key aspects of certification:

  • State agencies and state-funded programs can only refer individuals to certified sober homes.
  • Certified homes are eligible to receive state funding for recovery housing services.
  • NARR-certified homes are exempt from zoning occupancy limits, making certification legally advantageous.

For more details, read our full guide: Sober House Certification in Rhode Island.

Your Rights as a Rhode Island Sober House Operator

Despite federal and state protections, some municipalities attempt to impose unfair restrictions on sober living homes. Common challenges include:

  • Requiring special permits or variances that are not required for other residential homes.
  • Imposing occupancy limits, despite the NARR exemption in Rhode Island law.
  • Using fire and building codes selectively to target sober homes.

If you encounter these challenges, here’s how to protect your rights:

1. Know Your Legal Protections

Sober home operators and their residents are protected under the FHA and ADA, meaning they cannot be discriminated against based on disability. HB 7382 ensures that NARR-certified sober homes are exempt from municipal occupancy limits.

2. Engage with Local Officials Early

Meeting with zoning and planning boards before opening or expanding a sober home can help prevent legal conflicts. Educating officials on fair housing laws can also reduce misunderstandings and opposition.

3. Challenge Unlawful Zoning Decisions

If your zoning application is denied, request a written explanation. If necessary, appeal decisions through administrative hearings or state courts.

4. Seek Legal Assistance

File complaints with the Rhode Island Commission for Human Rights or HUD if you suspect discrimination. Working with advocacy organizations like NARR and fair housing attorneys can help assert your rights.

Need Help? Contact Vanderburgh Sober Living

If you’re facing zoning issues, municipal pushback, or need guidance on compliance, Vanderburgh Sober Living is here to help. Our team includes experienced operators, legal experts, and support specialists who can assist you in navigating the legal environment in Rhode Island. Connect with us to learn about how we can help.

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.