6/4/2025
1 RiversideCa.gov
RiversideCa.gov
Office of the City Attorney Public Safety DivisionSober Living Home Litigation UpdateSafety, Wellness and YouthJune 18, 2025 RiversideCa.govCity of Riverside Definition(RMC Title 19 – Zoning)•Residential dwelling, structure or unit used for a cooperative living arrangement to provide an alcohol and drug free environment for persons recovering from alcohol and or drug abuse. Sober Living Homes 6/4/2025
2 RiversideCa.gov•Alcoholics and recovering drug addicts are deemed persons with disabilities under State and Federal law. •Persons with disabilities are entitled to live together in a family environment in a residential neighborhood. Sober Living Homes RiversideCa.gov
Treatment ProgressionState Licensed SUD Facility
$$$$Sober Living Home$$
Forever Home30 - 90 days6 monthsHappily Ever After
6/4/2025
3 RiversideCa.govOverconcentration of group homes. 80 sober living homes, 41 state-licensed detox.•Institutional environment, 5-6 facilities per block.•Noise, overcrowding, no parking, second-hand smoke.Changing the quiet character of neighborhood. Costa Mesa in 2014 RiversideCa.gov1. Special Use Permit required. 2. Six or fewer clients in R-1, unlimited outside R-1. 24/7 manager.3. All garage and driveway spaces available for parking. 4. 650-foot separation from other facilities. 5. All clients participating in AA/NA or the like. Reasonable accommodation clause.Costa Mesa Ordinance 6/4/2025
4 RiversideCa.govGoal was to de-institutionalize the neighborhoods by spreading out the sober living homes. Better environment for the patients and the residents.Retroactive, first come, first served for permits.Costa Mesa Ordinance RiversideCa.govOhio House was affected by the ordinance.- Permit denied because four other facilities within 650’.- Reasonable accommodation denied. - Ohio House sued in federal court in 2019 alleging discrimination under FHA, FEHA, Govt. Code 65000.650’ separation was the sole basis for the discrimination claimOhio House v. Costa Mesa (9thCir. 2024) 6/4/2025
5 RiversideCa.govCannot discriminate against disabled in purchase or rental of a dwelling.•Must make reasonable accommodation to allow disabled to enjoy their housing.If a requested modification imposes an undue financial or administrative burden on a local government, or if a modification creates a fundamental alteration in a local government's land use and zoning scheme, it is not a "reasonable" accommodation.Fair Housing Act of 1968 RiversideCa.govCannot discriminate against disabled in purchase or rental of a dwelling. (More protected categories than FHA)1. Must make reasonable accommodation. (Support animals). 2. Facially discriminatory policy must be least restrictive means of achieving its purpose. Fair Employment and Housing Act 6/4/2025
6 RiversideCa.gov65008 – Any action by city/county/state is null and void if it denies any group of individuals the enjoyment of a residence for the following reasons: (income, family status, etc.)65009 – Action to attack, review, set aside decision of legislative body to adopt or amend zoning ordinance must be made within 90 days of adoption of ordinance. Planning and Zone Law (Govt 65000) RiversideCa.govJury Verdicts: 1. Sober Living ordinance does not violate Fair Housing Act. (FHA - Federal)2. Sober Living ordinance does not violate CA Fair Employment and Housing Act. (FEHA)3. Sober Living ordinance does not violate CA Zoning Code. (Govt Code 65000 et seq.)Costa Mesa won at the trial court 2022 6/4/2025
7 RiversideCa.govCA. Atty General filed amicus brief:• “In short, restrictive zoning codes, such as those atissue here in Costa Mesa, constrain housingopportunities and choice for people with disabilities.This expressly contravenes FEHA, the State’shousing and planning laws, the mission of CRD andHCD, and the policy of the State of California. Thejudgment of the district court should be reversed.”Ohio House appeals to 9thCircuit RiversideCa.gov1. No FHA violation. No discrimination. Accommodation request unreasonable. 2. No FEHA violation. No discrimination. Jury could find 650’ was least restrictive means. 3. Govt Code 65000 claim barred by 90-day SOL. 9thCircuit Upheld Trial Court 6/4/2025
8 RiversideCa.gov9thCircuit agrees the City’s regulations benefit the protected class:–Sober Living homes allowed in R1 zone.–Boarding house not allowed in R1 zone. –The Zoning Ordinance allows the disabled every opportunity open to the non-disabled, plus others not available to the non-disabled. Don’t have to provide the protected class with the maximum possible benefit. Ohio House v. Costa Mesa (9thCir. 2024) RiversideCa.gov–Sober Living homes allowed in R1 zone.–Boardinghouses not allowed in R1 zone. –The Zoning Code (RMC) allows the disabled every opportunity open to the non-disabled, plus others not available to the non-disabled. Neighborhood density comparable between Costa Mesa and RiversideOhio House Logic Applies to Riverside 6/4/2025
9 RiversideCa.gov
RiversideCa.gov
6/4/2025
10 RiversideCa.govRiverside – 650’, 166 parcels
RiversideCa.gov
6/4/2025
11 RiversideCa.gov1. Status Quo.2. Add Separation requirement to RMC.1. 650’2. 1000’3. Adopt the Costa Mesa / CASLAROrdinance. Options for Regulation RiversideCa.govCity of Riverside Definition(RMC Title 19 – Zoning)•Residential dwelling, structure or unit used for a cooperative living arrangement to provide an alcohol and drug free environment for persons recovering from alcohol and or drug abuse. Sober Living Homes 6/4/2025
12 RiversideCa.govRMC Sober Living Home Requirements1. All residents recovering from substance abuse. 2. All residents participate in legitimate programs (AA/NA) and keep attendance records. 3. Zero Tolerance policy for alcohol/drugs. 4. Written policy for alcohols/drugs. 5. No on-site services. (detox, treatment) AA/NA meetings are allowed. Sober Living Homes RiversideCa.govRMC Sober Living Home Requirements6. No more than one sex offender per facility.7. Residents do not require non-medical care or supervision.8. Operators maintain current membership in a recognized non-profit organization of sober living homes. (Sober Living Network.)9. Comply with all applicable state and local laws. Sober Living Homes 6/4/2025
13 RiversideCa.govRMC Sober Living Home Requirements6. No more than one sex offender per facility.7. Residents do not require non-medical care or supervision.8. Operators maintain current membership in a recognized non-profit organization of sober living homes. (Sober Living Network.)9. Comply with all applicable state and local laws.10.Not located within 650 feet of any other sober living home or a state licensed facility.Sober Living Homes RiversideCa.gov1. Adopted Costa Mesa’s Ordinance March 1, 2024:–6 residents–650-foot separation2. Began enforcing Ordinance March 1, 2025- 12 City permitted facilities.- 4 in-process, 4 withdrew. 3. No warning letter from HCD. City of Fountain Valley 6/4/2025
14 RiversideCa.govStrategic Priority #2 Community Well-Being, Goal 2.4Cross-Cutting Threads
STRATEGIC PLAN ALIGNMENT