Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Behavioral Health Housing topic
No spam. Unsubscribe anytime.
Council weighs local regulation and inspection of recovery residences after staff flags overcrowding and unsafe conversions
Summary
Facing overcrowded and sometimes unsafe recovery residences, Hagerstown staff recommended Sept. 16 combining operator certification with local inspection and registration to close regulatory gaps left by Maryland law.
City staff and council members discussed recovery residences and sober living homes during the Sept. 16 work session, focusing on a regulatory gap created by Maryland’s licensing scheme, concerns about overcrowding and unsafe or unpermitted conversions, and possible local remedies.
Staff summarized state law: Maryland’s 2016 regulations require licensing for certain behavioral-health treatment and group-home settings, but the state expressly exempts recovery residences (which provide alcohol- and drug-free housing without clinical treatment) from those mandatory licenses. The state does have a voluntary recovery-residence certification program; some state grant programs require National Alliance for Recovery Residences certification for applicants. Staff said only three recovery residences in Washington County were listed as certified, but staff and council believe more operate without certification.
Staff described common enforcement concerns in Hagerstown: operators converting attics, basements and non-bedroom spaces into sleeping areas; occupancy exceeding legal limits (“we had a 3 bedroom duplex that had 13 beds in it when we came across it”); a lack of consistent staffing or on-site certified personnel; and the potential for “double dipping” when operators take state funds and then turn over residents when funding expires. Staff presented three options: (1) require local certification to operate, (2) include recovery residences explicitly in the city’s rental-facilities inspection and licensing program, or (3) continue case-by-case enforcement under existing permitting rules. Several council members and staff recommended combining options 1 and 2 and asked staff to research models such as Frederick’s program and bring a draft back to the council and to state delegation contacts.
Council members emphasized the need to respect fair-housing and ADA protections for residents while ensuring safety and occupancy standards. Staff said inspection standards in state law are limited and often cover only basic egress/posting requirements; the city’s rental-inspection program can determine occupant load and require permits for structural work. Staff said combining operator certification with regular inspections and clearer registration requirements would address both front-end operator behavior and back-end housing safety.
What’s next: Staff will research other local models (including Frederick), refine a combined approach (operator certification plus rental inspection/registration), and consult the city attorney and the local delegation about state-level gaps. Staff will return a draft proposal for council consideration.
