WHEREAS, the
legislature enacted Act 193, Session Laws of Hawaii 2014 (Act 193), to develop
a process for the management and support for clean and sober homes, also known
as sober living recovery homes/residences, which are located in communities
throughout the State, to provide housing for individuals suffering from
substance use, including people who may have co-occurring mental health issues,
as they transition from the treatment setting to life in the community; and
WHEREAS, Act
193 incorporated clean and sober home operating standards based on the National
Alliance for Recovery Residences; and
WHEREAS, to
increase the number of homes that maintain appropriate living conditions, Act
193 established a voluntary registry to set minimum operating standards and
give special advantages to homes on the registry, such as technical support and
preferred referral status as well as the ability to monitor residences that
provide the necessary support for recovery efforts; and
WHEREAS, Act
193 amended section 46-4, Hawaii Revised Statutes, to clarify the conditions
under which the counties shall not prohibit registered clean and sober homes
that have up to eight unrelated persons in a dwelling unit, as well as
eliminate any conflict with the federal Fair Housing Amendments Act by deleting
the requirement for a public informational meeting; and
WHEREAS, the
public may report concerns regarding clean and sober homes to the Alcohol and
Drug Abuse Division of the Department of Health by email or make a toll-free call
to 1-877-877-1716; and
WHEREAS, the
primary goals of rehabilitation and recovery are to restore social, family,
lifestyle, vocational, and economic support by stabilizing an individual’s
physical and psychological functioning; and
WHEREAS, alcohol and drug-free environments that are safe, sanitary,
and secure promote recovery and assist individuals in becoming self-supporting;
and
WHEREAS, recovery residences support recovery of individuals with
substance use disorders and help prevent relapse, criminal justice system
involvement, and overdose; and
WHEREAS, recovery residences are designed to address the needs of
individuals in recovery from substance use disorders through the provision of a
safe and healthy living environment and a community of supportive recovering
peers to which the residents are accountable, without the ridged and more
expensive structure of a licensed therapeutic living program; and
WHEREAS, the support of a home environment fulfills a need for
those who are reintegrating into the community while maintaining sobriety; and
WHEREAS, the State’s recovery homes are monitored by agencies that
contract for its services, but the level of oversight for clean and sober homes
varies, depending on the referral source as well as independent operation; and
WHEREAS, the vast majority of clean and sober homes are
independently owned and have a landlord-tenant relationship with house rules
where the tenants generally govern themselves such that the housing is
considered independent living; and
WHEREAS, alcoholism and past illicit drug use are considered
disabilities, and those with such disabilities are protected under the Federal
Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA); and
WHEREAS, Act 193 developed procedures intended to ensure that clean
and sober homes owners and operators who volunteer to apply to be on the
current registry are properly monitored and accountable to meet occupancy,
zoning, and permitting requirements, as well as quality standards while not
violating protection laws such as the FHA and ADA; and
WHEREAS, most clean and sober homes on the voluntary registry are
well-run; however there are concerns that other homes not on the registry are
overcrowded and not well-managed,
and some owners/lessors violate their county land use permits by overcrowding,
which results in noise and parking complaints from neighbors; and
WHEREAS, notwithstanding the needs of those who benefit from these
homes, neighboring residents have expressed concerns over the legality of the
operation of clean and sober homes in their immediate vicinity and the poor
conduct and lack of neighborly behavior of some residents; and
WHEREAS, the Alcohol and Drug Abuse Division has not received any
complaints of so-called “harm reduction” homes where occupants continue to use
alcohol and drugs while seeking recovery; and
WHEREAS, various types of group homes are defined in section
46-4(d), Hawaii Revised Statutes, relating to county zoning--section 45-4(d), Hawaii
Revised Statues, defines terms that are now consistent with the federal FHA,
because Act 193 did not include language that required a public informational
meeting be held in the affected community before a clean and sober home, or
drug rehabilitation home, is located in that community; and
WHEREAS, Act 193 intended to balance the needs of those requiring
the support of group homes and the concerns of the community members, by
helping prospective residents of clean and sober homes to access a stable,
alcohol and drug-free, home-like living environment in residences that comply
with federal, state, and county requirements and minimum quality standards; and
WHEREAS, it is recognized that there is a need to improve the
operation of clean and sober homes if these homes are to achieve their intended
purposes, including that they are well-run; and
WHEREAS, the counties are the proper agency to issue permits
according to zoning ordinances, encourage the orderly development of land
resources within their jurisdictions, and enforce compliance by appropriate
fines and penalties; and
WHEREAS, a collaborative effort among the Department of Health to
register and monitor, the counties to enforce permitting and zoning ordinances,
and the State and providers to give preference to compliant clean and sober
homes would ensure an accountability process by which the homes would be
monitored in such a way to address the concerns of those requiring the support
of the homes, without using direct government oversight that is inconsistent
with the protection laws; now, therefore,
BE IT
RESOLVED by the House of Representatives of the Thirty-second Legislature of
the State of Hawaii, Regular Session of 2024, the Senate concurring, that this body urges the Department of Health to convene and lead
an informal working group to discuss the management of clean and sober homes
and discuss possible collaboration with the counties and other affected
regulators to ensure clean and sober homes comply with county regulations and
to encourage registration without using restrictions that are discriminatory;
and
BE IT FURTHER
RESOLVED that the informal working group should include
input from the Hawaii Paroling Authority; the Judiciary’s Adult Client Services
Branch; the Department of the Attorney General; and any others, as appropriate,
as determined by the Director of Health or their designee; and
BE IT FURTHER
RESOLVED that the working group should discuss legal
issues pertaining to protective FHA and ADA laws, how the Department of Health
and pertinent county agencies can work more closely together to resolve
problems and complaints received by either the State or counties regarding
clean and sober homes; the Department’s efforts to educate the public, expand
the current registry membership, and expand complaint response; how the
Department keeps an inventory of homes throughout the State including those not
on the registry; and establish processes to ensure that functions are aligned
between the State and county for accountability, community education, and
advocacy; and
BE IT FURTHER
RESOLVED that certified copies of this Concurrent Resolution be transmitted to
the Director of Health, Director of Public Safety,
Administrator of the Hawaii Paroling Authority, Chief Justice of the Hawaii
Supreme Court, Attorney General, and Mayors of the City and County of Honolulu,
County of Maui, County of Kauai, and County of Hawaii.
Report Title:
Department
of Health; Clean and Sober Homes; Working Group; Hawaii Paroling Authority; Judiciary;
Department of the Attorney General; Counties
