| To begin with, let us tell you that this article is going to | | | | RULES & REGULATIONS |
| smash any preconceptions out there regarding opening | | | | IMMEDIATE DISCHARGE |
| a halfway house in the USA. You do not need a | | | | *Being under the influence of alcohol and/or drugs |
| license, permit, or any other document to open a | | | | *Possession of alcohol/drugs |
| halfway house. If any person, government official, | | | | *Possession of weapons |
| government agency, zoning commission, etc. tells you | | | | *Threats either verbal or physical, or acts of violence, |
| otherwise, they are engaging in illegal and unfair | | | | fighting |
| practices. Know your rights (see bellow links to know | | | | *Property destruction or altering the physical |
| your rights). | | | | construction of the premises, including interior walls |
| NATIONAL LAWS (ADA) ALWAYS SUPERSEDE | | | | *Failure to submit a U/A (which are always at your |
| LOCAL LAWS. | | | | cost) |
| Just for a hypothetical situation; let's say that 3 people | | | | *Unaccountable or discrepancies in times off of |
| who have depression decide to become roommates | | | | premises |
| in a home. Should they be shut down and kicked out | | | | *Lies, either found on your intake paperwork or |
| of the neighborhood because of their disability? Does | | | | otherwise, stealing, unusual behavior, and any criminal |
| that mean they have to get a license or permit to | | | | activity |
| stay? Of course not. They are protected under the | | | | *Failure to comply with rules and/or staff directions |
| ADA (Americans with Disabilities Act), as well as other | | | | 1. You are required to attend at least 3 12-Step |
| determinations (see links below) against such | | | | meetings per week, have a program book, (Big Book, |
| discrimination. Havingchemically dependent persons in a | | | | NA Text, etc.), and have your meeting slipsigned by a |
| home is no different!!! Alcoholics and addicts have the | | | | member of the group, and not another resident, and |
| same laws to protect them. | | | | attend on-premises "House Meetings" which are held 2 |
| It is a well known fact that City Councils have tried to | | | | times per week, 1-2 hours per meeting. |
| stop halfway houses in their neighborhoods by stating | | | | 2. House meeting attendance is mandatory, (which |
| that a halfway house with alcoholics and/or addicts, in | | | | means you must arrange for employment that does |
| other words disabled persons, (and alcoholics and | | | | not interfere with these meetings), there areno |
| addicts qualify as disabled under the ADA), must not | | | | exceptions to this rule. |
| have roommates (as in 2 people in a room at a | | | | 3. For the first 30 days you are to remain on premises, |
| house), which prevents most halfway houses from | | | | (during this time you are expected to be working on |
| opening. | | | | your steps), and must arrange 12-Step meeting |
| If you have a house, and you want to open a halfway | | | | attendance with another resident who is not on |
| house, and your mortgage payment is $700.00 per | | | | restriction, and this must be pre-approved by the |
| month (see additional expenses at the bottom of this | | | | house manager. |
| paragraph), there are many things to consider before | | | | 4. You are required to sign-out when leaving the |
| accepting residents into your house. Let's say, | | | | premises, and sign-in upon return- all leaves must be |
| hypothetically, you follow licensing and zoning guidelines. | | | | pre-approved by the house manager inadvance, and |
| With the average charge to a resident with a | | | | any inconsistencies in leave times are grounds for |
| substance abuse problem, being around $125.00 per | | | | discharge. |
| week, you can see that if you went with what the | | | | 5. Rent must be paid every Friday directly to the |
| license division / politicians tell you, (which are illegal | | | | house manager, and kept up to date without |
| tactics), you would be out of business shortly. Keep in | | | | exception. |
| mind that in addition to your mortgage payment are | | | | 6. You must see the house manager at least 1 time |
| things such as: utilities, phone service, water, food, | | | | per week to discuss your recovery program- it does |
| furniture, cooking utensils, beds, sheets- basically | | | | not count as a visit to discuss program while paying |
| everything you would need to survive, etc. | | | | rent, unless the house manager chooses to do so. |
| On the other hand, if you did not license your house, | | | | 7. You must obtain a Home Group and a Sponsor |
| you could put in 2 or 3 people in a room and keep | | | | (You must provide a contact name and phone |
| your halfway house open. In other words, helping | | | | number), within the first week of residency, and this will |
| others to get a hand up at living sober. Please read | | | | be verified. |
| more details below... | | | | 8. You must have Steps 1,2, and 3 in writing, and |
| NATIONAL LAWS (ADA) ALWAYS SUPERSEDE | | | | present these in the House Meeting by the 3rd week, |
| LOCAL LAWS. | | | | along with a copy to the house manager. |
| How to open a Recovery Home, Halfway House, | | | | 9. You are required to be employed full time, and you |
| Sober Living Home OR starting a Half Way House | | | | are not permitted to quit a job without first discussing it |
| Recovery Facility*- Resources to assist you. This | | | | with the house manager, (employment status will be |
| article includes information on the standards and | | | | checked on periodically). |
| requirements of opening and operating a Halfway | | | | 10. There are certain types of employment that are |
| House/Recovery Home- NOTE: Not every county in | | | | not allowed, and you must speak with the house |
| the United States approaches standards and licensure | | | | manager |
| in the same way- it is best to contact your local | | | | 11. No cab driving, working in bars, clubs, or places that |
| licensure department and/or zoning division. | | | | sell alcohol. |
| The first thing you should know about opening a | | | | 12. Your room must be kept neat, with your bed made |
| halfway house is that you do not need a degree or | | | | at all times, rugs vacuumed, toilet cleaned, kitchen area |
| special certification to open one, and that most operate | | | | clean, which means absolutely noglasses, dishes, forks, |
| without a license/permit. Also, under the ADA | | | | knives, spoons, etc. left in the sink at any time, and any |
| (Americans with Disabilities Act) and The Fair Act | | | | trash disposed of in a timely manner. |
| Amendment, as well as other determinations, makes it | | | | 13. You will be assigned daily and weekend chores |
| illegal to discriminate against halfway houses and the | | | | (these are mandatory as part of your stay). |
| people who own, operate, and live in them. Please see | | | | 14. All vehicles will have current tags and insurance, |
| our links below for more information concerning these | | | | and this must be verifiable. Also, there will be no |
| issues. There are a number of other important issues | | | | storage of vehicles, and no working on vehicles on the |
| to cover concerning opening a halfway house that are | | | | premises. |
| vital to know. | | | | 15. Bikes and other modes of transportation must be |
| You must first decide where you will operate. Once | | | | stored in the appropriate locations, and security for |
| you have determined a location you have a choice in | | | | these are at your own cost. |
| whether to license* the facility or not. There are also | | | | 16. Any situation that requires police involvement must |
| other permits, inspections, zoning variances, etc. to | | | | be discussed with the house manager before the |
| explore prior to opening up a halfway house. Please | | | | police are called, (any police involvementwithout house |
| keep in mind that it is your choice whether to obtain a | | | | manager approval will be grounds for discharge). |
| license, permit, and other certifications for the operation | | | | 17. There are absolutely no visitors allowed on |
| of a halfway house. If you choose to open a halfway | | | | premises without prior approval from the house |
| house without a license, there are certain parameters | | | | manager. |
| you must operate under to make sure you are not | | | | 18. There will be no congregating outside, no loud music |
| shut down by the county/city you operate within. It is | | | | or discussions, no walkmans, caps, sunglasses, |
| always best to check into what is required, allowed, | | | | bandanas, or inappropriate dress allowed, and you are |
| and not allowed by contacting your local licensure | | | | required to attend to daily hygiene needs. |
| agency and zoning department. | | | | 19. No one is allowed in another residents room- period. |
| Most halfway houses that are not licensed are | | | | 20. There are no sharing of clothes, personal property, |
| mandated to NOT provide on-site counseling or other | | | | loaning money, borrowing vehicles, including bikes by |
| wrap-around services- to avoid additionalpaperwork | | | | either staff or residents. |
| and hassles, you could provide these services at a | | | | 21. You may be requested to submit to a U/A at any |
| local church or other building. Most halfway houses that | | | | time, which may include either with cause or without. |
| are licensed may need toobtain a zoning variance, | | | | 22. Any resident who is aware of a rules infraction |
| simply because (in the eyes of politicians) you are | | | | and does not notify the house manager immediately |
| basically operating a business in a residential area. You | | | | will be subject to discharge, which includesfinding out |
| may find thatbecause you are licensing it, the county | | | | later that you knew about it. |
| (Zoning Commission) will limit the number of people you | | | | 23. All rooms are subject to inspections at any given |
| can have in any one room and at any one residence. | | | | time, and any room that does not pass inspection may |
| A halfway house that is going through the licensing | | | | cause all residents in that room to bedischarged. |
| process (and this may take months, even years to | | | | 24. Smoking is not allowed in rooms. |
| work out) will be required to have certainstructural | | | | 25. There will be no illegal hook-ups of cable, or use of |
| adaptations made (water/fire sprinkler lines installed- | | | | cable boxes. Cable hook-ups will be done legally, at |
| which is very expensive) wheel chair accessible, | | | | your cost, and your risk. If bills are not current you will |
| parking and traffic issues to deal with, etc. | | | | be required to cut-off services until the bill is paid for. |
| There are some overhead details to work out before | | | | 26. Phone hook-ups are your responsibility, as are the |
| you start taking in residents. You should know how | | | | bills that go along with it. |
| many residents you will have in each room, what you | | | | 27. Any cooking done by residents requires immediate |
| are going to charge each resident, and what services | | | | clean-up. |
| are included in this cost or rent. You may also have to | | | | 28. Any delegation, directive, or request that is made |
| contend with residents coming in with no money, or | | | | by staff will then become a rule. |
| that some residents will be late and/or short of the | | | | 29. Any medical conditions and/or injuries must be |
| entire rent monies owed. It's up to you how you handle | | | | brought to the attention of the house manager. |
| these situations. If you have a house ready to use as | | | | 30. Calls to 911 for medical conditions, injuries, etc. must |
| a Halfway House (providing you have decided | | | | be approved by the house manager before calling. |
| whether to license it or not) and your mortgage | | | | 31. If there is an emergency, call 911, and then notify the |
| payment, for a 4 bedroom home, is $700.00 per month | | | | house manager immediately. |
| (estimate), you will also need to factor in start-up and | | | | 32. Any and all medications, including pain pills, psych. |
| continued costs like food costs per week, water and | | | | meds, aspirin, Advil, cold, flu, sinus, etc. will be kept, and |
| utility costs, household needs, (paper towels, toilet | | | | locked up by the house manager and dispensed |
| paper, dish soap, cleaning chemicals, phones, etc.), as | | | | according to the instructions on the bottle- any Rx. or |
| well as monthly and yearly costs, (beds and sheets, | | | | 33. House shut downs will occur if chores are not |
| TV, computer(s), Internet connection, towels and face | | | | done, the grounds and buildings are not cared for, |
| clothes, shampoo, dishes and utensils, pest control | | | | rooms are not kept clean, or general attitudes are not |
| services, vucuum(s), maintenance, etc.)- basically | | | | in line with house etiquette, and is done so at the |
| everything you would need if you were starting from | | | | discretion of the house manager. |
| scratch in a new home (considering you have nothing | | | | 34. All rules and regulations are subject to additions |
| on hand) only this time it is for X number of people. | | | | and changes at the house managers discretion. |
| Also include additional items, if licensed, like license and | | | | This is not a complete list of all the possible rules and |
| permit charges, health inspection fees, reports, | | | | or violations that may happen, so to insure a healthy, |
| paperwork and filing, accounting, etc. With the above | | | | happy, drug and alcohol free recoveryenvironment |
| example you can clearly see that many licensure and | | | | please do your part to use common sense when it |
| zoning variances would limit you to having only 4 | | | | comes to either doing or not doing something that may |
| people at your house, so meeting your overhead is not | | | | affect yours and otherscontinued stay. |
| possible- you would be operating in the red every | | | | Finally, staff will not take the role of cop, lawyer, or |
| month. | | | | investigator. This means discharges will occur without |
| Fair Housing Act | | | | investigation of who did what, what was said, who is, |
| A case in point (actual court case) in which, for a | | | | or who is not at fault. |
| period of more than 1 year, a city violated the | | | | The NIMBY Syndrome, (Not In My Back Yard), is one |
| provisions stated within the Fair Housing Amendments | | | | area that an owner of a recovery home / halfway |
| Act (Title VIII of the Civil Rights Act of 1968, as | | | | house will have to contend with. It is usually best to |
| amended by the Fair Housing Amendments Act of | | | | address this issue up front before you open, or before |
| 1988, 42 U.S.C. §§3601-3619) and denied the | | | | construction is started. Your local Zoning Commission |
| operating of a Halfway House within a residential area. | | | | office should be able to provide information on the |
| In an effort to assist individuals, agencies, religious | | | | area you plan on opening the halfway house in. The |
| affiliations, etc. open recovery places and tackle the | | | | census bureau can provide information on the |
| unfair and illegal tactics politicians and others are using | | | | neighborhoods make up, (economic base, average |
| to stop them, NICD has put together some basic, and | | | | salaries made, gender average, average cost of |
| very needed, resources to aid in the journey. Counties | | | | homes in the area, and other good information to |
| are using zoningcodes/variances to try and control | | | | educate yourself with). |
| halfway houses/sober living homes and the total | | | | Check to see if there is a homeowners association, as |
| census allowed within these centers. Some of the bias | | | | that could be your best bet in getting to know your |
| is a | | | | neighbors, and them getting to know you. |
| NIMBY, (Not In My Back Yard) situation, while others | | | | You should plan on going to one of their meetings |
| include property value concerns. In any case, the | | | | before you open, but definitely after you have been |
| reasons for discrimination and unfair tactics are not | | | | armed with the information that you know will come up |
| based on fact or material circumstances. These | | | | for discussion. Some concerns will be on whether or |
| counties and individuals are in violation of the law as it | | | | not you will accept violent offenders, psychiatrically |
| relates to the ADA, (Americans With Disabilities Act), | | | | unstable residents, how your home will affect property |
| Section 36.209 section 510 which describes alcoholics | | | | values. You can convince people that you plan on |
| drug addicts as people with disabilities. The Federal Fair | | | | running a safe, drug free, and strict program by bringing |
| Housing Act, (see link below), 42 USC section | | | | a copy of your intake protocol and halfway house |
| 3604(f)(2) makes it unlawful "to discriminate against | | | | rules. Let them know how you plan on handling the |
| any person in the terms, conditions, or privileges of sale | | | | situation when one of your residents comes up |
| or rental of a dwelling, or in the provision of services or | | | | positive on a drugscreen. You should develop, in writing, |
| facilities in connection with such dwelling because of a | | | | protocols for dealing with this and other situations- |
| handicap." The 42 USC section 3604(f)(3)(B) provides | | | | there should be a plan of action that all staff and |
| that unlawful discrimination includes failure to make | | | | residents are to follow in any given situation. There will |
| "reasonable accommodations in rules, policies, | | | | be some fear there, as no one wants a drug addict |
| practices.providing some resources that you can use in | | | | discharged/kicked out in their neighborhood at 1:00 A.M. |
| starting up a program. | | | | on a weekend or any other time. |
| There are numerous obstacles to overcome in trying | | | | You need to arm yourself with the facts and also how |
| to open up a halfway house for alcoholics and/or drug | | | | you will handle all sorts of possible situations. If you |
| addicts. NICD will attempt to help you by | | | | take the lead and let your neighbors know, before they |
| Note: Please feel free to copy/print this page, as we | | | | ask, what they can expect from you, you will go far in |
| have waived the copyright for this page only. | | | | gaining their trust. Just be sure you follow through as |
| Some additional concerns you may encounter: | | | | you promised. It will pave the way to open another site, |
| The next section has some rules that should be a part | | | | if you want to, if you have a great relationship with |
| of any quality run halfway house. In addition to these is | | | | those that live around your halfway house. |
| a section for navigating your waythrough getting your | | | | In six major studies of communities where halfway |
| residents into benefits and entitlements. | | | | houses were opened, no significant change in average |
| Specific: Halfway Houses Rules- A good halfway | | | | housing prices could be found (MacNeil & Kappel, |
| house should have rules. We have constructed some | | | | 1986, Part III.A.). |
| that we feel are essential. | | | | |