Letter to Letter to Honorable Shaun Donovan Secretary United States Department of Housing and Urban Development and Honorable John Trasviña Assistant Secretary, Fair Housing and Equal Opportunity United States Department of Housing and Urban Development

Letter

U.S. Senator Charles E. Schumer today called on the Department of Housing and Urban Development to work closely with Suffolk County to revise its "Sober Homes" law recently struck down by the federal courts. Sober Homes are residencies funded with federal money that are supposed to provide a safe, supportive space for individuals fighting substance abuse. Because New York State does not regulate these homes, many provide completely inadequate care and place residents in drug and crime ridden environments -- all the while endangering communities near these homes. Schumer has long advocated for increased regulation of these homes in New York State.

Suffolk County passed a law to remedy this problem by creating standardized regulations for the approximately 600 sober homes in Suffolk. A federal court, however, struck down this law earlier in the year noting that it violated the Fair Housing Act by discriminating against individuals recovering from substance abuse. Senator Schumer today wrote to HUD Secretary Shaun Donovan and Assistant Secretary John Trasviña urging them to work with Suffolk County to redraft the law to bring it in compliance with current federal regulations.

"The bottom line is that are too many sober homes in Suffolk that are woefully under-regulated and this harms the neighborhoods where they are located and the people they are supposed to serve. Suffolk County has been working to better regulate sober homes to protect neighborhoods as well as the individuals who reside in them, but they can't do it alone," said Schumer. "Since the courts struck down Suffolk County's law, citing violations of the fair Housing Act, I am calling on the Department of Housing and Urban Affairs to work with Suffolk County to finally make this law a reality and ensure it stands up to scrutiny."

There are approximately 600 sober homes in Suffolk County that house anywhere between three and twenty-five people per home. Many of these properties are maintained by irresponsible owners who run dangerous homes that are susceptible to crime and frequently lead residents to relapse, and, at the same time, negatively impact the communities that host them. The Suffolk County law required the county Department of Social Services to oversee these institutions and ensure that they maintain safe, effective, drug-free homes and would restrict subsidies to only those homes that meet these requirements. Unfortunately, the regulations drafted by Suffolk County to increase local regulation of sober homes were overturned by the courts because the county law was found to discriminate against individuals recovering from substance abuse in violation of the Fair Housing Act.

"I strongly believe that if the Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity worked alongside Suffolk County to redraft the county law, this legislation could withstand the scrutiny and make a difference in promoting safe and effective sober homes that are better, more responsible neighbors," continued Schumer.

The full text of Schumer's letter to Secretary Donovan and Assistant Secretary Trasviña below:

September 21, 2010

Honorable Shaun Donovan

Secretary

United States Department of Housing and Urban Development

451 Seventh Street, S.W.

Washington, D.C. 20410

Honorable John Trasviña

Assistant Secretary, Fair Housing and Equal Opportunity

United States Department of Housing and Urban Development

451 Seventh Street, S.W.

Washington, D.C. 20410

Dear Secretary Donovan and Assistant Secretary Trasviña,

I have a history with regard to better regulation of so-called sober homes on Long Island, New York. I write to urge you to work with New York State and the Suffolk County Legislature to complete Fair Housing Act-compliant sober home regulations or develop best practices for sober home regulations. Sober living homes are residences funded with federal dollars to provide a safe and supportive environment for individuals struggling to combat substance abuse. However, a lack of effective regulatory scheme has allowed some operators to run facilities that both fail to adequately serve their clients and that have deleterious impacts on the communities in which they are located. This is particularly the case in certain areas of Long Island.

This past spring, the Welfare to Work Commission of the Suffolk County Legislature completed a disturbing report regarding the lack of regulation of sober homes in Suffolk County. While sober living homes do not provide medical treatment to these individuals, they promote individual recovery by subjecting residents to zero-tolerance rules for the use of alcohol and drugs while living at the property. This discrepancy is problematic for states like New York that do not regulate or oversee sober homes since medical treatment is not given in these residences. As a result, the Welfare to Work Commission determined that these homes do not provide adequate recovery to their residents and suggested that Suffolk County develop guidelines to determine how sober homes should operate in order to encourage and support recovery.

Unfortunately, the regulations drafted by Suffolk County to increase local regulation of sober homes were overturned by the courts because the county law was found to discriminate against individuals recovering from substance abuse in violation of the Fair Housing Act. I strongly believe that if Suffolk County worked alongside the Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity to redraft the county law, this legislation could make a difference in promoting safe and effective sober homes that are better, more responsible neighbors.

There are approximately 600 sober homes in Suffolk County that house anywhere between three and twenty-five people per property. It is imperative that we provide local governments that must regulate sober homes the tools and authority necessary to ensure that these residences are an effective approach for fighting substance abuse and a safe haven for the surrounding community.

Thank you for consideration of this request. If you have any additional questions or concerns, feel free to contact my staff.

Sincerely,
Charles E. Schumer
United States Senator

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