City staff present draft boarding-home ordinance; first reading scheduled for evening meeting

City staff presented a draft ordinance to regulate boarding homes—residential facilities sometimes called bed-and-board homes that house three or more residents with disabilities or special needs—and said the item is scheduled for first reading at the council’s evening meeting.

Jennifer Wickman, Deputy City Manager, said the state directed the Texas Health and Human Services Commission to prepare a model ordinance and that the state statute (codified as Chapter 260 of the Texas Health and Safety Code) authorizes cities to adopt local regulations. Wickman said the city has not previously adopted such regulations but that Dallas and Fort Worth have, and that nearby communities are also moving toward adoption. “We did look around in our region; as more cities adopt this, it could, if the City of Arlington does not adopt it, lead bad actors to come here into an unregulated environment,” Wickman said.

The draft ordinance would establish permit and operational standards intended to address concerns identified by the police department, including overcrowding, unreported criminal incidents, evidence of economic exploitation and transient resident movement between homes to avoid oversight. Key elements in staff’s draft include:

- Permit application requirements (owner authorization letter, proof of property-tax payment, identification of owner/operators/employees). - Health, sanitation and safety standards requiring residents capable of self-administering medication, formalized reporting of injuries and ongoing resident assessments. - Background checks for staff and operators and annual inspections by code enforcement and the Fire Department, with additional inspections triggered by complaints. - A cost-recovery fee structure so inspections and permitting would not be borne by the general fund.

Wickman said police have identified roughly 21 operators historically involved with boarding-home activity; staff plans an informational and educational outreach process during March for existing operators and other stakeholders. If council proceeds with the ordinance, staff said the schedule calls for a second reading and adoption of the fee schedule on Feb. 25 and an April 1 effective date following the March education period.

Council members asked whether certain types of facilities are exempt; Wickman said some facilities (nursing homes, for example) are excluded by statute and that staff would confirm any remaining exemptions before the evening meeting. Councilmember Dr. Odom Wesley asked whether homes for young adults aging out of foster care would be covered; Wickman said she would follow up before the evening session, noting she did not have that specific detail at the work session.

Ending: The ordinance is scheduled for first reading tonight and, if approved, a second reading with fee adoption on Feb. 25; staff will use March to educate operators and begin enforcement when the ordinance becomes effective on April 1.