Best Practices for Addressing N.I.M.B.Y. (Not In My Backyard) - - PowerPoint PPT Presentation

Best Practices for Addressing N.I.M.B.Y.

(Not In My Backyard)

KATIE JO BREIDENBACH WOODING EDUCATION AND TRAINING COORDINATOR, OHIO RECOVERY HOUSING

A Reminder. . .

This presentation and Q&A does not serve as legal

• advice. We are not lawyers and do not have the

authority to give you legal advice If you are concerned about a legal matter, please contact an attorney or your local legal aid office

What we mean when we say “Recovery House”

Recovery Housing vs. Sober House Graduate House Halfway House ¾ House

Alcohol and Drug Free Person Driven LOS Community

• f Recovery

Recovery Housing

Re Recovery Ho Hous using i is HOUSING NG no not t treatment

Introduction

OHIO RECOVERY HOUSING: BEST PRACTICES FOR ADDRESSING NIMBY GUIDE THIS GUIDE CAN BE FOUND UNDER THE BEST PRACTICE GUIDES PAGE OF THE ORH WEBSITE

Have you had to address NIMBY issues in your community?

Is Recovery Housing Regulated?

YES!

Local Zoning Code Local Housing Code State Building Code Landlord Tenant Law

HOUSING

Laws and How they Apply to You

The Fair Housing Act of 1968 The Americans with Disabilities Act (ADA) Zoning and Land Use Discrimination Landlord Tenant Law Continuum of Care Planning

The Fair Housing Act of 1986

• 1. End housing

discrimination

• 2. End housing

segregation

The Fair Housing Act of 1968

Race or Color National Origin Religion Sex Familial Status Disability

The Americans with Disabilities Act (ADA)

Zoning and Land Use Discrimination

• Create single-family districts
• Preserve open space
• Prevent overcrowding
• Ensure adequate parking
• Enforce health and safety regulations and other non-

discriminatory laws designed to protect health and safety

• Retain historic character and attributes of the community

and housing stock The Fair Housing Act cannot prevent local zoning ordinances that:

Reasonable Accommodation

What is reasonable?

• Does not cause an undue financial or administrative burden
• Does not cause a fundamental alteration in the nature of the program
• Will not cause harm or damage to others
• Is technologically possible

Reasonable Accommodation

Sample information to include in a reasonable accommodation request letter

• A clear statement of request for reasonable accommodation
• Who you are requesting reasonable accommodation for and why
• The specific policy, rule or ordinance you would like reasonable accommodation for
• Give a clear and reasonable timeline for when you would like to hear back

The Facts About NIMBY

MYTH FACT

Recovery Housing will lower property values

While there is no direct research on recovery housing, data analysis concerning affordable housing found no relationship between affordable housing and property values

Crime rates will increase

Peer reviewed researcher found no difference in crime rates in neighborhoods surrounding recovery houses vs. neighborhoods with no recovery houses

Children will be exposed to drugs and drug use

The addiction crisis has brought drug addiction into all our

• communities. Researchers found that people who live in

recovery homes have lower incidents of drug use than people who return to communities after usual care

The house will look bad, making the neighborhood look bad

While there is no research on the appearance of recovery homes, you can remind community members that the recovery house will be subject to the same laws as all neighborhoods in the community and your commitment to have well-maintained policies

Strangers will loiter in the neighborhood or there will be drug deals in the house

Recovery housing, by definition, is an environment free of alcohol and illicit drug use. You can share your organization’s specific policies and procedures concerning how you will ensure that you will maintain this environment

Developing a Community Outreach Plan

Develop a relationship with local leaders Partner with Other Community Organizations Door to Door Communications How to speak to reporters Scripted Answers to common questions regarding recovery housing

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Strategies for Public Meetings

Is a Public Meeting Appropriate? Request an alternative to a Public Meeting Prepare for a Public Meeting

Is a Public Meeting Appropriate?

Is the public meeting required for all types of housing and variances? Is the public meeting being held only because you are operating housing that serves people in recovery?

Request an Alternative to a Public Meeting

• Request to meet with elected officials and the leadership of

neighborhood organizations to respond to community concerns in a controlled atmosphere

• Request that a city agency be designated to conduct

mediation between operators and concerned citizens to seek common ground

• Consider door-to-door communications with neighbors,

where you visit each neighbor to introduce yourself and your program

Prepare for a Public Meeting

Contact Ohio Recovery Housing

1

Prepare statements for a hearing

2

Determine if it is appropriate to have people in recovery provide statements

3

Ohio Recovery Housing

(614) 453-5133

WWW.OHIORECOVERYHOUSING.ORG INFO@OHIORECOVERYHOUING.ORG

Scenario 1

A person from your neighborhood attends a public meeting regarding your recovery

• home. They stand before the committee

and say: “What you’re doing with recovery housing is great work that our community needs… but why does it need to be next door to me, why can’t you put it somewhere else?”

Scenario 2

Your local zoning board or planning commission tells you that because you’re planning to operate a recovery home, you have to include a sprinkler system that

• ther non-recovery home single family

residences in your neighborhood do not have to install.

Scenario 3

You would like to request reasonable accommodation from your city planning commission regarding the installation of a sprinkler system. Your city tells you: “We do not have a process for reasonable accommodation– just apply for a variance”