HOW TO OPEN A HALFWAY HOUSE IN THE UNITED STATES"*

NICD Listings of Recovery Homes, Halfway Houses Sober Living Homes, etc. NICD Listings of Treatment Centers / Substance Abuse Agencies

To begin with, let us tell you that this article is going to smash any preconceptions out there regarding opening a halfway house in the USA. According to research you do not need a license, permit, or any other document to open a halfway house. If any person, government official, government agency, zoning commission, etc. tells you otherwise, they are engaging in illegal and unfair practices. Know your rights (see bellow links to know your rights). NATIONAL LAWS (ADA) ALWAYS SUPERSEDE LOCAL LAWS. See the bottom of this article on filing complaints regarding violations of The ADA, or other types of discriminations.

Just for a hypothetical situation; let's say that 3 people who have depression decide to become roommates in a home. Should they be shut down and kicked out of the neighborhood because of their disability? Does that mean they have to get a license or permit to stay? Of course not. They are protected under the ADA (Americans with Disabilities Act), as well as other determinations (see links below) against such discrimination. Having chemically dependent persons in a home is no different!!! Alcoholics and addicts have the same laws to protect them. It is a well known fact that City Councils have tried to stop halfway houses in their neighborhoods by stating that a halfway house with

alcoholics and/or addicts, in other words disabled persons, (and alcoholics and addicts qualify as disabled under the ADA), must not have roommates (as in 2 people in a room at a house), which prevents most halfway houses from opening. If you have a house, and you want to open a halfway house, and your mortgage payment is $700.00 per month (see additional expenses at the bottom of this paragraph), there are many things to consider before accepting residents into your house. Let's say, hypothetically, you follow licensing and zoning guidelines. With the average charge to a resident with a substance abuse problem, being around $125.00 per week, you can see that if you went with what the license division / politicians tell you, (which are illegal tactics), you would be out of business shortly. Keep in mind that in addition to your mortgage payment are things such as: utilities, phone service, water, food, furniture, cooking utensils, beds, sheetsbasically everything you would need to survive, etc. On the other hand, if you did not license your house, you could put in 2 or 3 people in a room and keep your halfway house open. In other words, helping others to get a hand up at living sober. Please read more details below... NATIONAL LAWS (ADA) ALWAYS SUPERSEDE LOCAL LAWS.

How to open a Recovery Home, Halfway House, Sober Living Home OR starting a Half Way House/Recovery Facility*- Resources to assist you. This article includes information on the standards and requirements of opening and operating a Halfway House/Recovery Home- NOTE: Not every county in the

United States approaches standards and licensure in the same way- it is best to contact your local licensure department and/or zoning division. Below (See "Introduction") you will find some very useful facts and resources, but first we, NICD, wanted to let you know of some useful information first.
The first thing you should know about opening a halfway house is that you do not need a degree or special certification to open one, and that most operate without a license/permit. Also, under the ADA (Americans with Disabilities Act) and The Fair Act Amendment, as well as other determinations, makes it illegal to discriminate against halfway houses and the people who own, operate, and live in them. Please see our links below for more information concerning these issues. There are a number of other important issues to cover concerning opening a halfway house that are vital to know. You must first decide where you will operate. Once you have determined a location you have a choice in whether to license* the facility or not. There are also other permits, inspections, zoning variances, etc. to explore prior to opening up a halfway house. Please keep in mind that it is your choice whether to obtain a license, permit, and other certifications for the operation of a halfway house. If you choose to open a halfway house without a license, there are certain parameters you must operate under to make sure you are not shut down by the county/city you operate within. It is always best to check into what is required, allowed, and not allowed by contacting your local licensure agency and zoning department. Most halfway houses that are not licensed are mandated to NOT provide on-site counseling or other wrap-around services- to avoid additional paperwork and hassles, you could provide these services at a local church or other building. Most halfway houses that are licensed may need to obtain a zoning variance, simply because (in the eyes of politicians) you are basically operating a business in a residential area. You may find that because you are licensing it, the county (Zoning Commission) will limit the number of people you can have in any one room and at any one residence. A halfway house that is going through the licensing process (and this may take months, even years to work out) will be required to have certain structural adaptations made (water/fire sprinkler lines installed- which is very expensive) wheel chair accessible, parking and traffic issues to deal with, etc. There are some overhead details to work out before you start taking in residents. A useful guide for some of these details can be viewed via our article "How to Find a Quality Halfway House in the United States." You should know how many residents you will have in each room, what you are going to charge each resident, and what services are included in this cost or rent. You may also have to contend

with residents coming in with no money, or that some residents will be late and/or short of the entire rent monies owed. It's up to you how you handle these situations. If you have a house ready to use as a Halfway House (providing you have decided whether to license it or not) and your mortgage payment, for a 4 bedroom home, is $700.00 per month (estimate), you will also need to factor in start-up and continued costs like food costs per week, water and utility costs, household needs, (paper towels, toilet paper, dish soap, cleaning chemicals, phones, etc.), as well as monthly and yearly costs, (beds and sheets, TV, computer(s), Internet connection, towels and face clothes, shampoo, dishes and utensils, pest control services, vucuum(s), maintenance, etc.)- basically everything you would need if you were starting from scratch in a new home (considering you have nothing on hand) only this time it is for X number of people. Also include additional items, if licensed, like license and permit charges, health inspection fees, reports, paperwork and filing, accounting, etc. With the above example you can clearly see that many licensure and zoning variances would limit you to having only 4 people at your house, so meeting your overhead is not possible- you would be operating in the red every month. *Disclaimer: NICD is supplying the facts as they are known, and as such NICD is not held liable for the ultimate decision on whether to license or not to license a facility.

Introduction: Fair Housing Act

A case in point (actual court case) in which, for a period of more than 1 year, a city violated the provisions stated within the Fair Housing Amendments Act (Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3601-3619) and denied the operating of a Halfway House within a residential area.

NOTE: Resource Topics/Sections are listed using the ("#") sign in the color red as the designator for each new resource in order from #1. through #14.

In an effort to assist individuals, agencies, religious affiliations, etc. open recovery places and tackle the unfair and illegal tactics politicians and others are using to stop them, NICD has put together some basic, and very needed, resources to aid in the journey. Counties are using zoning codes/variances to try and control halfway houses/sober living homes and the total census allowed within these centers. Some of the bias is a NIMBY, (Not In My Back Yard) situation, while others include property value concerns. In any case, the reasons for discrimination and unfair tactics are not based on fact or material circumstances. These counties and individuals are in violation of the law as it relates to the ADA, (Americans With Disabilities Act), Section 36.209 section 510 which describes alcoholics/drug addicts as people with disabilities. The Federal Fair Housing Act, (see link below), 42 USC section 3604(f)(2) makes it unlawful to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling because of a handicap. The 42 USC section 3604(f)(3)(B) provides that unlawful discrimination includes failure to make reasonable accommodations in rules, policies, practices.

There are numerous obstacles to overcome in trying to open up a halfway house for alcoholics and/or drug addicts. NICD will attempt to help you by providing some resources that you can use in starting up a program. Note: Please feel free to copy/print this page, as we have waived the copyright for this page only.

NOTE: You will need the Adobe Reader PDF software to read some of these resources. Get it free at: http://www.adobe.com/products/acrobat/readstep2.html

Resources/Sections/Topics #1. http://www.nicd.us/halfwayhouselistingsnicdmagazine.html (This will take you to our

Recovery Homes/Halfway Houses/Oxford Homes/Transitional Living Center Locators)

#2. Agencies/Halfway Houses/Treatment Centers (Alphabetically Listed State To State

Resources)

#3. http://www.nicd.us/statetostatesubstanceabuseagencies.html (This link will assist in

locating state-to-state substance abuse agencies)

#4. http://www.nicd.us/thefairamendmentsact.html (Fair Amendments Act Information) #5. Use this link, ( http://www.melissadata.com/Lookups/index.htm ), to find out
information on the area the house will be at, (Check the demographics link for census information).

#6. "Community Zoning" a guide to Starting a Residential Alcohol

and Drug Treatment Facility (2002)

http://www.publicstrategies.org/pdfs/step_series_community_zonin g.pdf

#7. "Gaining Community Allies" a Guide to Building Support for a

Residential Alcohol and Drug Treatment Facility (2002) http://www.publicstrategies.org/pdfs/step_series_gaining_allies.pdf

#8. "Political Process" a Guide to Gaining Approval for a

Residential Alcohol and Drug Treatment Facility (2002) http://www.publicstrategies.org/pdfs/step_series_political.pdf

#9. "Media Access and Advocacy" a Guide to Making News for

Community Change (2002) http://www.publicstrategies.org/pdfs/step_series_access.pdf

10. "ADA" (Americans with Disabilities Act) Americans with Disabilities Act
Accessibility Guidelines (ADAAG) Checklist for Buildings and Facilities

#11. Some additional concerns you may encounter:

The NIMBY Syndrome, (Not In My Back Yard), is one area that an owner of a recovery home/halfway house will have to contend with. It is usually best to address this issue up front before you open, or before construction is started. Your local Zoning Commission office should be able to provide information on the area you plan on opening the halfway house in. The census bureau can provide information on the neighborhoods make up, (economic base, average salaries made, gender average, average cost of homes in the area, and other good information to educate yourself with). Check to see if there is a homeowners association, as that could be your best bet in getting to know your neighbors, and them getting to know you. You should plan on going to one of their meetings before you open, but definitely after you have been armed with the information that you know

will come up for discussion. Some concerns will be on whether or not you will accept violent offenders, psychiatrically unstable residents, how your home will affect property values. You can convince people that you plan on running a safe, drug free, and strict program by bringing a copy of your intake protocol and halfway house rules. Let them know how you plan on handling the situation when one of your residents comes up positive on a drug screen. You should develop, in writing, protocols for dealing with this and other situations- there should be a plan of action that all staff and residents are to follow in any given situation. There will be some fear there, as no one wants a drug addict discharged/kicked out in their neighborhood at 1:00 A.M. on a weekend. You need to arm yourself with the facts and also how you will handle all sorts of possible situations. If you take the lead and let your neighbors know, before they ask, what they can expect from you, you will go far in gaining their trust. Just be sure you follow through as you promised. It will pave the way to open another site, if you want to, if you have a great relationship with those that live around your halfway house. In six major studies of communities where halfway houses were opened, no significant change in average housing prices could be found (MacNeil & Kappel, 1986, Part III.A.). One study of over 4,400 real estate transactions in neighborhoods revealed that, in 5 out of 9 neighborhoods where halfway houses opened, average housing prices two years after opening were equal to or higher than average housing prices one year before opening (MacNeil & Kappel, 1986, Part III.D.1. and Part VI.).

#11. The next section has some rules we at NICD wrote that should be a part of any
quality run halfway house. In addition to these is a section for navigating your way through getting your residents into benefits and entitlements. Specific: Halfway Houses Rules- A good halfway house should have rules. We have constructed some that we feel are essential. If you can't see these at a prospective house, we suggest you move on and check out another facility. Those in the business are welcome to use these free of charge. NICD http://www.nicd.us/hwhrules.html RULES & REGULATIONS

IMMEDIATE DISCHARGE *Being under the influence of alcohol and/or drugs *Possession of alcohol/drugs *Possession of weapons *Threats either verbal or physical, or acts of violence, fighting *Property destruction or altering the physical construction of the premises, including interior walls *Failure to submit a U/A (which are always at your cost) *Unaccountable or discrepancies in times off of premises *Lies, either found on your intake paperwork or otherwise, stealing, unusual behavior, and any criminal activity *Failure to comply with rules and/or staff directions 1. You are required to attend at least 3 12-Step meetings per week, have a program book, (Big Book, NA Text, etc.), and have your meeting slip signed by a member of the group, and not another resident, and attend on-premises "House Meetings" which are held 2 times per week, 1-2 hours per meeting. 2. House meeting attendance is mandatory, (which means you must arrange for employment that does not interfere with these meetings), there are no exceptions to this rule. 3. For the first 30 days you are to remain on premises, (during this time you are expected to be working on your steps), and must arrange 12-Step meeting attendance with another resident who is not on restriction, and this must be pre-approved by the house manager. 4. You are required to sign-out when leaving the premises, and sign-in upon return- all leaves must be pre-approved by the house manager in advance, and any inconsistencies in leave times are grounds for discharge. 5. Rent must be paid every Friday directly to the house manager, and kept up to date without exception. 6. You must see the house manager at least 1 time per week to discuss your recovery program- it does not count as a visit to discuss program while paying rent, unless the house manager chooses to do so.

7. You must obtain a Home Group and a Sponsor (You must provide a contact name and phone number), within the first week of residency, and this will be verified. 8. You must have Steps 1,2, and 3 in writing, and present these in the House Meeting by the 3rd week, along with a copy to the house manager. 9. You are required to be employed full time, and you are not permitted to quit a job without first discussing it with the house manager, (employment status will be checked on periodically). 10. There are certain types of employment that are not allowed, and you must speak with the house manager prior to accepting employment with anyplace. 11. No cab driving, working in bars, clubs, or places that sell alcohol. 12. Your room must be kept neat, with your bed made at all times, rugs vacuumed, toilet cleaned, kitchen area clean, which means absolutely no glasses, dishes, forks, knives, spoons, etc. left in the sink at any time, and any trash disposed of in a timely manner. 13. You will be assigned daily and weekend chores (these are mandatory as part of your stay). 14. All vehicles will have current tags and insurance, and this must be verifiable. Also, there will be no storage of vehicles, and no working on vehicles on the premises. 15. Bikes and other modes of transportation must be stored in the appropriate locations, and security for these are at your own cost. 16. Any situation that requires police involvement must be discussed with the house manager before the police are called, (any police involvement without house manager approval will be grounds for discharge). 17. There are absolutely no visitors allowed on premises without prior approval from the house manager. 18. There will be no congregating outside, no loud music or discussions, no walkmans, caps, sunglasses, bandanas, or inappropriate dress allowed, and you are required to attend to daily hygiene needs. 19. No one is allowed in another residents room- period. 20. There are no sharing of clothes, personal property, loaning money, borrowing vehicles, including bikes by either staff or residents.

21. You may be requested to submit to a U/A at any time, which may include either with cause or without. Also, another resident may request someone to be tested if a persons behavior warrants it. 22. Any resident who is aware of a rules infraction and does not notify the house manager immediately will be subject to discharge, which includes finding out later that you knew about it. 23. All rooms are subject to inspections at any given time, and any room that does not pass inspection may cause all residents in that room to be discharged. 24. Smoking is not allowed in rooms. 25. There will be no illegal hook-ups of cable, or use of cable boxes. Cable hook-ups will be done legally, at your cost, and your risk. If bills are not current you will be required to cut-off services until the bill is paid for. 26. Phone hook-ups are your responsibility, as are the bills that go along with it. 27. Any cooking done by residents requires immediate clean-up. 28. Any delegation, directive, or request that is made by staff will then become a rule. 29. Any medical conditions and/or injuries must be brought to the attention of the house manager. 30. Calls to 911 for medical conditions, injuries, etc. must be approved by the house manager before calling. 31. If there is an emergency, call 911, and then notify the house manager immediately. 32. Any and all medications, including pain pills, psych. meds, aspirin, Advil, cold, flu, sinus, etc. will be kept, and locked up by the house manager and dispensed according to the instructions on the bottle- any Rx. or Over The Counter medications that have an unreadable label will be disposed of. Also, failure to surrender any and all medications will cause you to be discharged. 33. House shut downs will occur if chores are not done, the grounds and buildings are not cared for, rooms are not kept clean, or general attitudes are not in line with house etiquette, and is done so at the discretion of the house manager. 34. All rules and regulations are subject to additions and changes at the house managers discretion.

This is not a complete list of all the possible rules and/or violations that may happen, so to insure a healthy, happy, drug and alcohol free recovery environment please do your part to use common sense when it comes to either doing or not doing something that may affect yours and others continued stay. Finally, staff will not take the role of cop, lawyer, or investigator. This means discharges will occur without investigation of who did what, what was said, who is, or who is not at fault.

#12. NICD http://www.nicd.us/benefitsandentitlements.html

DPLANE- DISCHARGE PLANNING / LEARNING AND NEGOTIATING ENTITIESAssistance for the individual, family, friends, employers, co-workers, counselors, case managers, etc. 1. Determine: If community resources for housing, basic needs, medical, mental health, or similar resources are required. While the person is in treatment, obtain a signed release of information form from the individual to allow for contact of family members, local community resources, and human service providers. Determine whether the person will be discharged, (the treatment center should begin work on an appropriate discharge plan within a couple of days from initial admission), to a community center, halfway house, homeless shelter, or contract facility. If so, correspond with the facility director to discuss plans for addressing the individuals physical, psychological, social, or other special needs. If you are seeking treatment, please go to the SAMHSA site for a national listing of treatment centers at ( http://www.samhsa.gov/ ), or call 1-800-729-6686. 2. Basic Living Needs: Establish a key community contact person, or family, or friend for basic needs (e.g., clothing, transportation, temporary shelter, food). Local food stamp/welfare programs can be located using the U.S. Department of Agriculture locator number, 1-800-221-5689 ( www.usda.gov/ ). The United Way maintains contact lists of numerous non-profit social services agencies. Use your local telephone book, the internet, or call the national number at 1-703-836-7100 for offices in the persons release community.

3. Housing: If the person will release directly to the community, contact local halfway way houses, or other housing facilities, (this should be accomplished with the individuals attendance, along with the treatment centers staff). Contact local shelters, residential programs, housing authorities, U.S. Housing and Urban Development ( www.hud.gov/ ) or non-profit missions for possible placements. Sober Houses has listings for national halfway houses at ( http://www.soberhouses.com/ ), or call / E-mail at 866-762-3747 / ( info@soberhouses.com ). 4. Medical: Medical issues should be considered (chronic health care, etc.). Be aware about the individuals condition(s). If indigent, direct the individual to available public health clinics or hospitals in their release communities for health care and prescriptions. Call a local United Way ( www.unitedway.org ) agency to receive a list of support groups and services which are specific to the medical condition. Also, the Health and Human Services Administration ( www.hhs.gov/ ) site contains excellent resource links. You will find listings for doctors and specialists, from A-Z at (http://www.nicd.us under medical info). 5. HIV/AIDS / Hep C Services: An individual who is known to be infected with the HIV virus or who has been diagnosed with AIDS can find an assortment of services by calling the HIV/AIDS Treatment Center Information Service at 1-800-448-0440 or the individuals state department of health. The Centers for Disease Control hotline at 1-800-342-2437 ( www.cdc.gov ), and the Access Project ( www.aidsinfonyc.org/adap ) maintain useful sites for HIV/AIDS individuals who need assistance accessing treatment and prescription medications. Hep C Alert has numerous information and support documents and listings at ( www.hep-c-alert.org/ ). 6. Prescriptions: An individual may need ongoing medications to treat chronic medical or mental health conditions. Persons who are indigent should be directed to their local community clinics or public health hospitals to fill prescriptions. If the person qualifies for SSA benefits, Medicaid will cover medical and prescription care. Refer the individual to their local SSA office to apply. Useful websites include: ( www.medicare.gov ), and ( www.needymeds.com/ ).

7. Dental: National networks of dentists and hygienists who offer care to under-served populations may be found at Clinicians National Forum website ( www.cnf.org/ ). 8. Mental Health: Contact a local Mental Health/Mental Retardation agency to refer individuals for care. Contact the National Alliance of the Mentally Ill whose staff can provide a list of MH resources for the individual at 1-800-950-6264 or ( www.nami.org/ ). 9. Substance Abuse/Aftercare/Maintenance: considering that the individual has a history of alcohol or drug abuse, a referral to local Alcoholics Anonymous, Narcotics Anonymous, or similar support groups may be made. Check with the individuals treatment center Case Manager to ascertain if there is a court order for aftercare as a condition of release. Many communities have specific programs and services for the chemically addicted, and the individual should be instructed to pursue these services. Information and referral services are available through the National Clearing House for Alcohol and Drug Information at 1800-729-6686 ( www.samhsa.gov/ ). 10. Social/Community Supports: Various support groups for individuals may be available to them in their home communities. Contact a local United Way agency ( www.unitedway.org ) or a local mental health association for information and referral services. Encourage the individual to contact a local church, temple, or mosque for assistance. 11. Legal Aid (civil/family/child custody): Many communities have civil legal aid services available (sliding scale fees or networks of pro bono attorneys). Refer the individual to their local telephone directory which may list these services. 12. Income Sources: Direct the individual to their state/local employment or work force office for assistance. If an individual received Social Security benefits in the past, or you suspect that they are incapable of securing or sustaining employment, call the Social Security Administration ( www.ssa.gov/ ) at 1-800-772-1213 for benefits application and office locations. If needed, refer the individual to their local county welfare office for public assistance. 13. Vocational Services: Refer the individual to their local employment/rehabilitation commissions for job placement and training services. Several social service agencies in the individuals release community may sponsor ex-drinkers/addicts in job training and

placement programs. Local United Way agencies, like the Salvation Army (national office 1-703-684-5500 or ( www.salvationarmy.org/ ), may be helpful. The U.S. Department of Labor is another contact for vocational assistance (1-877-872-5627 or ( www.dol.gov/ ) 14. US Veterans: An individual who was in the uniformed services may be eligible for a host of rehabilitation, housing, and other services through the Department of Veterans Affairs. Call 1-800-827-1000 or visit their site at ( www.va.gov/ ) to establish eligibility, identify local facilities, or to enroll in programming. 15. Sex Offenders: Sex Addicts Anonymous can be reached at 1-800-477-8191, or visit their web site at ( www.sexaa.org/ ). There are multiple agency links on this site. 16. Domestic Violence: A national hotline, 1-800-799-7233, is available to provide info/referral services to individuals who have been victims of domestic violence. 17. Seniors: An assortment of services for the aged can be accessed through state offices of the American Association of Retired Persons (AARP) which can be accessed through ( www.aarp.org/ ) . The American Association of Homes and Services for the Aged at ( www.aahsa.org/ ) has numerous community links.

#13. http://www.firstgov.gov/Contact/By_topic.shtml#top (This link will take you to the

government resources page) #14. Americans with Disabilities Act Accessibility Guidelines (ADAAG) Checklist for Buildings and Facilities Discriminations

The Civil Rights Division is the primary institution within the federal government responsible for enforcing federal statutes prohibiting discrimination on the basis of race, sex, disability, religion, and national origin. 202-514-4609 (voice) 202-514-0716 (TDD) Americans with Disabilities Act 800-514-0301 (voice) 800-514-0383 (TTY) (also in Spanish) How to file an ADA complaint

Section 508 202-305-8304 (voice) 202-353-8944 (TTY) Educational discrimination 877-292-3804 or 202 514-4092 Fax: 202-514-8337 Employment discrimination Contact the Equal Employment Opportunity Commission (EEOC) 800-669-4000 (voice) 800-669-6820 (TTY) Housing discrimination 800-896-7743 E-mail: fairhousing@usdoj.gov Complaints against institutions Jails, prisons, juvenile facilities, developmental disability/mental retardation facilities, mental health facilities or nursing homes) Interference with access to reproductive health clinics or places of religious worship National origin discrimination Information available in: Arabic, Cambodian; Chinese; English; French; Haitian Creole; Hindi; Hmong; Korean; Laotian; Punjabi; Russian; Spanish; Tagalog; Urdu; and Vietnamese State or local law enforcement agencies Voting rights discrimination 800-253-3931 Report waste, fraud, abuse, or misconduct Report violations of civil rights or civil liberties File a complaint with the Office of Professional Responsibility File a discrimination complaint against a recipient of financial assistance from OJP and COPS or from other Department of Justice agencies

Complaint against DOJ employee or DOJ funded organization

Brought to you by, Dr. Stephen J. Murray, NICD Director

*Disclaimer: NICD has brought this article to you as a public service. NICD is not held liable for any actions or non-actions you may take as a result of reading this article. The contents of this article were researched via the Internet and the content is not owned or copyrighted by NICD;

therefore, any information listed is done so from sources that specify what is stated in this article (ADA, Fair Housing Acts Amendment, Government Sources, Court Documents, and all other resources obtained through legal practices). NICD is only taking the stance of passing along the information in this article as it was discovered via the Internet; hence, it is not the opinion or suggestions of NICD as to the validity of the information stated and the ultimate decision any person or agency may decide to take upon reading such information. Your ultimate decision on how to proceed with the opening of a halfway house, recovery home, etc. is done so at your own risk. NICD advises you to do your own research into the laws of your own State, County, Country, etc. before taking any action.