Lux Residence sober living homes is protected under the Fair Housing Amendments Act of 1988 (the”FHAA”).
Even before the FHAA, The United States Supreme Court had held in City of Cleburne vs Celburne Living Center , Inc 473 U.S 432 (1985), that the Equal Protection Clause prohibits a city from requiring a special use permit for group homes for disabled persons, when such permits are not required for other similar residential uses.
Drug addiction and Alcohol addiction falls under the Handicapped umbrella as stated by the law. In the 1988 Amendments to the Federal Fair Housing Act added “handicapped” as a Protected Class. A watershed in those efforts was the decision by the United States Supreme Court in May 1995 in the case of city of Edmonds, WA v Oxford House, INC. et al. 514 U.S. 725 (1995). In that case , The Supreme Court ruled in 6-3 decision that recovering alcoholics and drug addicts were a protected class under the handicapped provisions of the Federal Fair Housing Act Amendments of 1988.
Lux Residences are considered single family residences for purposes of zoning. This has always been true in practice and since March 12, 1989, the effective date of the 1988 Amendments to the Federal Fair Housing Act, it has been a matter of law. Those amendments make it unlawful for any jurisdiction to discriminate against congregate living for the disabled. Recovering alcoholics and drug addicts are within the scope of the term "disabled". Therefore, Lux Residence is not subject to zoning laws regulating the number of unrelated individuals who may live in a single family dwelling.
A Lux Residence, House is NOT a treatment facility. It is simply an alcohol and drug free living environment which provides an opportunity for recovering individuals to live as a family unit focused on the need to change their individual lifestyle to one absolutely free of alcohol and drug use.
Lux Residence and it’s attorneys , will legally defend any claim of zoning violation made by localities still unfamiliar with the Federal Fair Housing Act.