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Oxford House Residents Protected Class


The United States Supreme Court on May 15, 1995 issued a decision in City of Edmonds, WA v. Oxford House, Inc. (514 U.S. 725) which confirms that recovering alcoholics and drug addicts living in an Oxford House™ are "handicapped" and therefore a protected class within the meaning of the Federal Fair Housing Act, as amended, and local jurisdictions must make a reasonable accommodation to afford them living arrangements supportive of recovery.   A number of subsequent federal cases have affirmed that Oxford Houses are not commercial institutions and should be treated as single families for purposes of zoning.

These actions are prohibited by the federal Fair Housing Act (FHA), amended in 1988 to prohibit discrimination on the basis of disability.

  • Zoning laws cannot be used to keep people with disabilities out of a neighborhood. The U.S. Supreme Court's May 1995 decision in City of Edmonds v. Oxford House upheld this provision in its first interpretation of the 1988 amendments to the Fair Housing Act.

Q. What is Oxford House Inc.?
Oxford House Inc., is a non-profit, tax exempt, publicly supported corporation which acts as a umbrella organization for the national network of Oxford Houses. It provides quality control by organizing regional Houses into Chapters and by relying heavily upon the national network of Alcoholics Anonymous and Narcotics Anonymous groups. While Oxford House is not affiliated with AA or NA, its members realize that recovery from alcoholism and drug addiction can only be assured by the changing  of their lifestyle through full participation in AA and NA. In most communities, the members of those organizations help Oxford Houses get started and report any charger compliance problems with respect to a particular house. As soon as Oxford House Inc., hears of such problems, it takes corrective action because the good name of Oxford House is an important factor in the recovery of thousands of individuals.

Supporting Responsible Living
An underlying principle of Oxford House is that each individual member has the ability to be responsible for himself. Living within an Oxford House provides both the opportunity and motivation for all residents to regularly attend AA and/or NA meetings. The example of Oxford House members going to AA or NA meetings on their own is contagious. It has been the experience of Oxford House that participation in AA and NA is extremely high in an environment where one individual can see another individual, with the same disease, reaping great benefits from AA and/or NA participation.

Oxford House is Not AA or NA-rather Oxford House was founded to support those who are members of 12step groups.  Much like a church that allows an AA group to meet in their basement is not AA, yet AA is part of that community.  There is an indirect relationship, AA does not endorse nor oppose outside issues, housing is an “outside issue”.


Zoning Issues and Cases:
Second Circuit Upholds Application of ADA to Zoning Decisions. An outpatient drug- and alcohol-rehabilitation treatment center sought a building permit to relocate to a larger, more convenient site. The zoning board denied the permit and the center sued. The Second Circuit Court of Appeals affirmed the district court's order enjoining the city from interfering with the center's occupation of the new site. Giving broad meaning to the phrase "services, programs, or activities of a public entity," the court held that both the ADA and the Rehabilitation Act apply to zoning decisions made by a governmental entity. Specifically, the court held that the center had been denied the benefit of having the city make a zoning decision without regard to disability. The court also held that even where participants in rehabilitation are not entirely drug-free, the "inevitable small percentage of failures should not defeat the rights of the majority of participants" who are drug-free and therefore disabled under both statutes. Finally, the court found evidence of discriminatory motive in that the board had acted on no other ground but to alleviate the political pressure arising from community prejudice. The Second Circuit's application of Title II of the ADA to zoning suggests that advocates may secure favorable results by alleging Title II violations along with violations of the FHA. Innovative Health Systems, Inc. v. City of White Plains, No. 96-7797 (2nd Cir. June 27, 1997), 1997 WL 349853 (2nd Cir. (NY)).

Louisiana Legislators, City Councilpersons, be aware:

County Commission Not Shielded by Legislative Immunity for Denying Land-Use Permit. In one of the first favorable decisions of its kind, a federal district court in Georgia has held that members of a county commission can be sued for discriminatory land-use decisions. Many courts have held that public officials are immune from FHA liability when they make broad land-use policy decisions, see Horizon House Development Services v. Township of Upper Southampton, 804 F. Supp. 683 (E.D. Pa. 1992), aff'd without opinion, 995 F.2d 217 (3d Cir. 1993); People Helpers Foundation v. City of Richmond, 789 F. Supp. 725 (E.D. Va. 1992). The Georgia court distinguished between this legislative function and situations in which public officials make decisions that affect only a single parcel of property. In the latter instance, the court held that 1) the members of the county commission who voted to deny the permit were not entitled to absolute legislative immunity because a land-use decision by local legislators which applies only to a specific party is not protected by legislative immunity, 2) defendants were entitled to summary judgment on the FHA disparate impact claim since the permit denial was an isolated decision, not a neutral action with a discriminatory impact, and 3) plaintiff was entitled to summary judgment on the claim that the denial violated the reasonable accommodation provision of the FHA.

See

Oxford House Website:  www.OxfordHouse.org

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