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Committee reviews draft recovery-residence ordinance; law department and staff outline enforcement, certification and privacy questions
Summary
City law staff presented a draft recovery-residence ordinance proposing operator licensing tied to state certification, a zoning-compliance step, civil-enforcement authority and a six-month compliance grace period.
City law department counsel presented a draft recovery-residence (sober-living) ordinance to the Lexington Social Services and Public Safety Committee on April 15, summarizing how the proposal would integrate recent state law, local licensing and federal civil-rights constraints.
Law Department attorney Michael Cravens said the draft follows the state requirement that operators be certified by an approved certifying organization and provide proof of that certification. The ordinance would require operators — not individual tenants — to obtain an annual local recovery-residence license, provide documentation to the city for compliance review, and submit a zoning-compliance permit confirming the use is appropriate for the property’s zoning. Cravens said the draft includes a six‑month grace period after enactment to allow operators time to comply.
Cravens reviewed two federal legal guardrails that shape the draft: the Fair Housing Act and the Americans with Disabilities Act. He said both statutes generally protect people in recovery from discrimination on the basis of disability (with statutory language excluding current illegal use of controlled substances). He cautioned the committee that local rules cannot treat groups of people in recovery less favorably than other protected groups or residential uses, so the draft…
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