Alvarez-Glasman & Colvin is pleased to announce that an article written by attorneys Matthew M. Gorman and Anthony Marinaccio, and Law Clerk Christopher Cardinale, has been republished in this Spring 2010’s edition of the California Public Law Journal, a quarterly publication of the Public Law Section of the State Bar of California. The article, entitled “Alcoholism, Drug Addiction, and the Right to Fair Housing,” explores the legal issues that fair housing legislation has on local regulation of sites commonly known as “sober living” facilities.[1] To view a copy of the article, click here.
While traditionally operated in low-income communities, sober living facilities have drawn greater attention in recent years as “sober living homes” are increasingly established within affluent communities, raising the ire of residents who believe that such sites cause a blight in their neighborhoods. Coupled with the enactment of State laws such as Prop 36, which encourage residential treatment of drug addiction in lieu of incarceration, sober living sites have proliferated.
In the midst of these changes, the Federal Fair Housing Act (FHA) and California’s Fair Employment and Housing Act (FEHA) promise to play a decisive role over sober living regulation. For advocates of sober living sites, the FHA and FEHA can serve as legal tools to combat discrimination against individuals recovering from addiction, and can aid greatly in the creation of a “clean-and-sober” living environment. However, for communities threatened by unscrupulous sober living operators, and for cities, counties, and government agencies seeking to place regulatory controls on sober living sites, the FHA and FEHA pose significant challenges to effective enforcement.
To learn more about the FHA, the FEHA, or sober living regulation, please contact AGC attorneys Matthew M. Gorman or Anthony Marinaccio by e-mail mgorman@agclawfirm.com or amarinaccio@agclawfirm.com or by phone at (562) 699-5500.
[1] First published in the California Real Property Journal, a quarterly publication of the Real Property Law Section of the State Bar of California