Today, local attorney Ted McBride, of Vial Fotheringham LLP, filed a lawsuit on behalf of his clients Allen Andersen, NXLevel Network, LLC, Jessica Zimmerman, Robert Gurney, and Amy Hodgson against the State of Utah, Utah Department of Health and Human Services, Draper City, and West Jordan City for violation of the Fair Housing Act.
Allen Andersen has established Sober Living Homes within the State of Utah to assist in the establishment of affordable housing and support for individuals recovering from substance abuse and/or alcoholism who would otherwise be homeless. Residents accepted into the homes must be financially self-supported and must refrain from the use of any illegal substance and alcohol. These homes are designed to provide housing for residents who are trying to put their lives back together. No other services are offered. These homes are simply a living arrangement.
On May 12, 2015, the Utah State Legislature amended the licensing requirements for health and human services programs within the State. This amended law now includes sober living homes – residential homes that only provide housing to recovering alcohol and drug addicts – as a “recovery residence” requiring state licensure. The State of Utah has served Plaintiffs with a cease and desist letter on a residence in Riverdale, Utah. Draper City has threatened to shut down these homes.
The Fair Housing Act is intended to protect disabled people. McBride contends that the State of Utah, Draper City, West Jordan City and other cities not yet named, through their various employees, have violated this law and the rights of the people it is designed to protect. In a misguided attempt at legislation to “protect” these types of citizens in the State of Utah, a new law was enacted this year placing unfair limitations on sober living residences which will make these types of residences financially unfeasible.
The Plaintiffs seek a court order preventing the Defendants’ from forcing these disabled residents from their homes.
According to McBride, “The regulatory scheme established by the Utah Congress is grossly overreaching and violates personal freedom and privacy rights. “In light of the enormous homeless problem existing in Utah, I find it both disheartening and hypocritical that the State would enact licensing regulations making it more difficult for people attempting to help themselves to secure adequate, affordable housing. Not only does the state action violate federal law, it’s also devoid of any compassion or empathy for recovering addicts who need a supportive housing to assist in their continued sobriety.”
For more information, contact Ted McBride at 801.355.9594.
