Letter to Attorney General Holder

Letter

U.S. Senator Charles E. Schumer called on the Department of Housing and Urban Development (HUD) and the United States Department of Justice (DOJ) today to meet with local officials in the Suffolk County Department of Social Services and the county legislature to help draft regulations for "Sober Homes" that can withstand federal scrutiny. Earlier this year, the federal courts struck down regulations enacted by the Suffolk County Legislature in 2003 to regulate these homes. Sober Homes are residences funded with federal dollars that are supposed to provide a safe, supportive space for individuals fighting substance abuse. New York State does not regulate these homes because they are not treatment facilities, as a result, many homes provide inadequate care and place residents in drug and crime ridden environments -- all the while negatively impacting communities near these homes.

"If the courts are going to use federal rules to say the county cannot regulate those sober homes that are out-of-hand, then the feds need to come to Suffolk County and help them get it right," said Schumer. "The County is earnestly working to better regulate sober homes to protect neighborhoods and the individuals who reside in them, but they can't do it alone. I am calling on the Department of Housing and Urban Affairs and the US Justice Department to come meet with Suffolk County officials, ASAP, to help finally make this law a reality, and provide some needed relief to Suffolk's overburdened neighborhoods."

Suffolk County passed a law in 2003 designed to regulate Sober Homes. Unfortunately, the original regulations drafted by Suffolk County 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. In response, this past August the county legislature unanimously passed new legislation requiring the local Department of Social Services (DSS) to reestablish guidelines that addressed the concerns laid out by the courts. While recognizing the need, the county's social services department has expressed concern that it lacked the expertise to enact regulations that would withstand judicial scrutiny and has sought out guidance and expertise.

In response to local concerns, Schumer, long a champion of better regulation of sober homes, has called on HUD Secretary Shaun Donovan to work with Suffolk County to redraft the law to bring it in compliance with current federal housing regulations. He is also asking US Attorney General Eric Holder to send a team to meet with local leaders because of the department's authority to investigate zoning matters that may violate the Fair Housing Act.

"Suffolk County's law that was struck down earlier this year was meant to help individuals in recovery, not target them," stated Legislator Browning. "This new effort to create a network of good sober home providers will greatly aid those individuals who are most vulnerable, protect our communities, and put an end to the wasteful spending of taxpayer dollars. With Senator Schumer's support to bring all players to the table we can avoid the problems that have prevented good legislation from moving forward in the past."

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.

"I strongly believe that if the Department of Housing and Urban Development and the Justice Department, worked alongside Suffolk County to redraft the county law, we could finally see regulations in place that protect those seeking treatment and the communities that host them," continued Schumer.

Dear Attorney General Holder:

I have a history with regard to better regulation of so-called sober homes on Long Island, New York. I write to urge you and your federal partners at the U.S. Department of Housing and Urban Development 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. As you may know, 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. While I first turned to the Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity to share best practices and remedies to help Suffolk County redraft regulations that are compliant with the Fair Housing Act, it has become clear that I should also bring this to the attention of the Department of Justice because your agency has to authority to investigate zoning matters that may violate the Fair Housing Act. I strongly believe that if Suffolk County worked alongside the Department of Justice and the Department of HUD 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.

Source