By Anne Bodine

The County Board in July advertised a proposed zoning code amendment (the gist of which is contained in the Board report for the county board meeting) to allow recovery homes in Arlington. The policy will be up for final approval in October. The proposed policy change includes several revisions to policy and code:

– re-definition of “recovery residences;”

– allowing recovery residences:

– by-right in single-family detached dwellings for up to 8 unrelated persons; and

– by special exception use permit approval for either more than 8 persons, or in a dwelling unit other than a detached single-family dwelling;

– modifying “residential use classification” to categorize recovery residences as an example of Household Living

The proposal was on tap for a final Board vote September 14, but Board Chair Garvey deferred action to an October 7 Planning Commission meeting with a final vote by the Board October 19.  If you have concerns about the new proposals, you need to weigh in with one or both of these groups. More background follows:

The first of the proposed changes aligns Arlington’s definition of “recovery residence” with that of Virginia (Code §37.2-461.1), namely

“a housing facility…certified by the Department [of Behavioral Health and Developmental Services or BHDS]…and provides alcohol-free and illicit-drug-free housing to individuals with substance abuse disorders and individuals with co-occurring mental illnesses and substance abuse disorders that does not include clinical treatment services.”

The second change increases the number of residents in single-family detached homes from four to eight (with no use permit), and increases the numbers in multifamily areas from four to “more than eight persons” through a use permit.

Background. In 2023, Oxford House, Inc. which operates nationally asked the county to allow it to “operate” recovery residences in single-family detached homes and cited persons in drug and/or alcohol recovery as “handicapped individuals” per the 1988 amendments to the Federal Fair Housing Act. Oxford requested that the recovery residence receive equal treatment to single-family dwellings under the zoning regulations.

Currently, Arlington zoning code is silent on the issue of recovery residences, which means they are not “explicitly permitted.”  County staff notes the “closest cognate is group homes for persons with developmental disabilities.”  Staff also reported that recovery homes are not required to follow regulations the same regulations that apply to group homes for those with developmental disabilities, including:

licensing by State Authorities (instead recovery residences are “certified” by VA BHDS as complying with the standards in Code of Virginia §37.2-431.1 but there are no penalties because the facilities are self-regulating);

Operation via a non-profit or government organizations (instead they operate independently);

Onsite resident care or services.

Current zoning allows up to 4 unrelated adults to live in a home together; it also allows 8 unrelated individuals with developmental or intellectual disabilities to occupy one home, including detached single-family homes. Arlington also requires that such homes be licensed by the State which means recovery homes have not been permitted. (Note:  The Virginia House of Delegates will carry over House Bill 646 from the 2024 legislative session that would require jurisdictions to govern recovery homes by the same standard, notwithstanding this State Licensing provision. If this were to be enacted next year, Arlington would have to allow the recovery homes in the same manner as it currently is proposing with this zoning amendment in October.

While not mentioned in the Board report, Arlington apparently already has eight recovery residences, some in single-family homes, some run by Oxford Houses, all of which are apparently illegal since our zoning code does not recognize this as a legal use of property yet. Only four of them are currently “certified” as required by the state. At a minimum this is very complex as it intertwines federal, state, and local law. It’s worth noting there has been documented fraud with recovery homes in other states, and some states are trying to better regulate such homes, which are also often owned by investors unrelated to Oxford House or other recovery home “managers.”  If you would like more information, please contact me at annebodine@yahoo.com. I recommend you also read and watch the Board report and the resources listed below:

Staff presentation to county board July 22, 2024

Planning Commission Meeting September 4, 2024.