Sober Living Zoning and the Fair Housing Act: What a Cleveland-Area City Can and Can't Do

ACC Solutions offers group home living in Cleveland for people in recovery and for veterans. Our homes are housing, not treatment. This page is general information for owners, investors and families who want to understand the legal ground rules; it is not legal advice, and every city's code is different.

The Short Answer: Sober Homes Are Group Homes Under Federal Fair Housing Law

The U.S. Department of Housing and Urban Development and the Department of Justice say in their Joint Statement on State and Local Land Use Laws and Practices that a "group home" includes a dwelling occupied by unrelated people with disabilities, and that this includes homes occupied by people in recovery from alcohol or substance use. The statement adds that "sober home" has no specific legal meaning, that the Act treats residents of recovery homes no differently than residents of other group homes, and that a resident doesn't have to be in a treatment program to be protected. It also says support services aren't required for a group home to be protected. The Justice Department's Fair Housing Act overview lists alcoholism and drug addiction among the covered impairments, with exceptions for current users of illegal controlled substances.

What a City Can and Can't Do With Zoning

• It can limit unrelated people living together, if it applies the limit to everyone. The statement says a neutral occupancy limit doesn't violate the Act on its face when it applies to all groups of unrelated people, including groups defined as a family, as long as it isn't intentionally discriminatory and doesn't have an unjustified discriminatory effect.
• It can't give households a free pass and make a group home ask permission. The statement's example: if a code lets a certain number of unrelated people live together in any district without a permit, but requires a group home of the same size to get a use permit, the code treats people with disabilities worse and violates the Act.
• Spacing rules are a flashpoint. Where a code allows a number of unrelated residents, a spacing requirement on group homes within that number would violate the Act. A spacing rule adopted to appease neighbors' stereotypical fears also violates it. The statement recommends case-by-case location review over blanket spacing.
• Health and safety rules are allowed if neutral. Licensing and safety rules can apply to group homes if they are enforced neutrally, don't target group homes and aren't based on stereotypes. A zoning rule can't require residents to receive medical, support or other services they don't need or want as a condition of operating.

When a Home Is Larger Than the City's "Family" Limit

Even a fair rule can bend. The statement says that where a group home would exceed the number allowed under the family definition, it has the right to ask for an exception, a "reasonable accommodation." Whether an accommodation is reasonable is decided case by case. A city may refuse one only if it would impose an undue financial and administrative burden or fundamentally alter its zoning scheme. If it refuses on those grounds, the statement says the city should discuss alternatives with the requester.

How to Ask: Steps Before You Buy or Open

1. Find the city's zoning definitions. Each Cuyahoga County city, village and township writes its own zoning code. Get the definitions of "family," "group home" or "residential facility," and the rules for the district where the house sits.
2. Ask the zoning office how your intended use is classified. Put the question in an email so there's a record. Give the number of residents and say plainly that it would be housing for unrelated adults in recovery.
3. Compare your resident count to the family limit. If your count is within the limit, no exception is needed. If it is above, a written request for an accommodation is the step the statement describes.
4. Write the request down. The statement says a request can be oral or written but that a written request helps prevent misunderstandings. It should explain what exception is requested and, if it isn't obvious, how it relates to residents' disabilities. If the code has a set procedure, use it first.
5. Keep a file. Save the code sections, emails, dates and responses.
6. Talk to a fair housing or land-use attorney before you sign or spend. A written request is not a substitute for legal advice.

Mistakes That Cost Owners Time

• Assuming the answer from a neighbor or a website. Zoning is local; the district matters more than the city's reputation.
• Telling the city the home is "treatment" when it isn't. The statement says services are not required for protection. Describe the home accurately, and don't promise services you won't deliver.
• Waiting until after closing. Ask before you buy, not after the rehab starts.
• Treating a neutral safety rule as discrimination. Neutral, uniformly enforced safety rules are allowed.
• Skipping the permits for the rehab itself. Fair housing doesn't waive building permits.

Where ACC Fits

ACC is a property management and rehab coordination company in Cleveland. If you're thinking about a group home project in the Cleveland area, including from outside Ohio or outside the country, read our guides to what you need to operate a group home in Cleveland and group home rehab in Cleveland, and our post on planning a group-home project from abroad. For families looking for a home, start with sober living and group homes in Cleveland.

Tell us about your project through our contact form or call (216) 238-5999.

Frequently Asked Questions

Plan a Group Home Project in Cleveland

If you're weighing a purchase, a rehab or a lease, send us your project details or call (216) 238-5999. We'll talk through the rehab and management side. For the legal questions, bring an attorney.