Dickson officials are working with legislators to address residents’ concerns about issues created by the proliferation of rehabilitation facilities and sober living homes in the city.
Dickson Mayor Don L. Weiss Jr., Acting City Administrator David Travis, the city’s legal counsel and lobbyists representing the city have been meeting for several months seeking ways to respond to numerous complaints from businesses and residents regarding the presence of sober living homes in neighborhoods and an increased demand on city services caused by their residents.
“We actually began trying to address concerns about transitional housing as far back as 2010 and the situation has continued to grow from there,” Mayor Weiss said. “We are encountering roadblocks contained in state statutes and federal laws that limit a municipality’s ability to regulate such facilities.”
A series of state and federal laws combine to protect sober living and other similar facilities from being controlled by zoning or other local restrictions.
Tennessee Code Annotated § 13-24-102 states homes in which persons with disabilities reside are classified as a single-family residence. It further states for the purpose of zoning laws, that a single-family residence can house up to eight unrelated persons with disabilities and up to three persons acting as support staff or guardians who do not have to be related to each other or any of the persons with disabilities residing in the house. The same definitions apply to group homes for persons with physical and mental disabilities.
The Americans with Disabilities Act signed by Pres. George Bush in 1990 defines individuals “who are currently participating in a rehabilitation program and are no longer engaging in the illegal use of drugs” as being classified as disabled and qualifying for protection under the act.
The Fair Housing Act signed by Pres. Lyndon Johnson in 1968 as an extension of the Civil Rights Act prohibits discrimination in housing based on race, color, religion, sex, national origin, disability and familial status.
“Essentially, these laws prohibit a municipality, county or state from creating any restrictions regarding housing for people with disabilities, which includes recovering from substance abuse, with up to eight residents considered single-family residences, which are allowed in any residential zoning classification the city has,” said Weiss. “The law says these homes are not to be considered any differently than any other family residence.”
Mayor Weiss will hold a Town Hall meeting to hear residents’ concerns regarding the facilities at 7:00 pm Tuesday, Feb. 18, in the Council Chambers at Dickson City Hall, 600 East Walnut St.
“As we continue discussions with legislators and state officials, we want to be able to present the real-life issues and impacts on neighborhoods, businesses and the community,” Weiss said. “So far there only have been limited attempts at legislation to regulate the industry and what I’m hearing from residents is they would like to see more.”
A bill presented in 2018 by former State Rep. Michael Curcio of Dickson proposed reducing the number of residents allowed from eight to six. But the final Stopping Addiction and Fostering Excellence (SAFE) Act that was passed by the General Assembly and signed by Gov. Bill Haslam did not include the number change and instead allows, but does not require, municipalities to adopt an ordinance that requires for-profit sober living homes to display a sober living home sign in a prominent place within the home. It does not apply to any sober living home that is operated by or under the umbrella of a 501(c)(3) non-profit organization.
The SAFE Act says a municipality may adopt an ordinance that encourages but does not require sober living homes to:
• Become chartered by a 501(c)(3) organization; or
• Comply with the requirements for recovery residences under a 501(c)(3) organization.
The SAFE Act also states any ordinances passed by a municipality must comply with the Americans with Disabilities Act and the Fair Housing Act.
No city in the State of Tennessee has adopted such an ordinance in the seven years since the SAFE Act’s passage.
“Our police department and the EMTs of our fire department have seen a steady increase in calls related to sober living facilities and residents in the city. Additionally, local churches and assistance organizations are reporting an increased demand for services by residents and former residents of these facilities, several of whom are left homeless when they leave or are kicked out,” Administrator Travis said. “This is putting a strain on city resources and local organizations to the point that some agencies will no longer offer assistance to people connected to a sober living home.”
The city has received dozens of complaints about sober living facility residents loitering in and around local businesses and causing disturbances in residential neighborhoods where the homes are located. Several residents have complained about noise coming from and the number of vehicles parked at the homes.
The issues have created numerous calls for legislation to empower municipalities to regulate the facilities.
A bill introduced in the Tennessee General Assembly by Rep. Greg Martin of Chattanooga and Sen. Bo Watson of Hixson proposes to allow municipalities to regulate sober living homes to the extent allowed by the Americans with Disabilities Act and Fair Housing Act. It states a municipality would be able to require sober living residences to be at least 1,000 feet from a school, preschool or daycare and require a medical referral for placement in a sober living facility. It has not been scheduled for consideration and is expected to face several challenges regarding the legality of its proposals.
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