I 

115TH CONGRESS 

2D SESSION H. R. 5724 

To amend the Fair Housing Act to clarify the applicability of that Act 

to recovery facilities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2018 

Mr. ROHRABACHER introduced the following bill; which was referred to the 

Committee on the Judiciary, and in addition to the Committee on Energy 

and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Fair Housing Act to clarify the applicability 

of that Act to recovery facilities, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restoring Community 

5 Oversight of Sober Living Homes Act of 2018’’. 

6 SEC. 2. ZONING AND LICENSING OF RECOVERY FACILITIES. 

7 Section 807 of the Fair Housing Act (42 U.S.C. 

8 3607) is amended by adding at the end the following: 


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1 ‘‘(c) Nothing in this title or any other Federal law 

2 relating to protections for those with disabilities prohibits 

3 any State or local government from implementing laws, 

4 regulations, or ordinances that apply specifically to recov5 ery facilities located in residentially zoned areas, including 

6 a law, regulation, or ordinance which prohibits recovery 

7 facilities in residentially zoned areas.’’. 

8 SEC. 3. FAIR HOUSING ACT DEFINITIONS. 

9 Section 802 of the Fair Housing Act (42 U.S.C. 

10 3602) is amended— 

11 (1) in subsection (b), by inserting before the pe12 riod at the end the following: ‘‘, except that such 

13 term does not include any building, structure, or 

14 portion thereof that is located in a residentially 

15 zoned area and is used as a recovery facility’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(p) ‘Recovery facility’ means a building, structure, 

18 or portion thereof that is occupied by a person who is 

19 handicapped due to drug addiction or alcoholism, and for 

20 which a condition of such occupancy of such building, 

21 structure, or portion thereof is that it remains free of con22 trolled substances and alcohol.’’. 


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1 SEC. 4. REQUIREMENTS FOR RECOVERY FACILITIES AS A 

2 CONDITION FOR CERTAIN FEDERAL FUND3 ING. 

4 (a) IN GENERAL.—A recovery facility in a residential 

5 zone may not receive direct or indirect payments or reim6 bursements or other remunerations from a Federal health 

7 care program unless— 

8 (1) the recovery facility is in compliance with 

9 State and local laws, regulations, or ordinances that 

10 apply within the zone where the recovery facility is 

11 located; and 

12 (2) the local government with jurisdiction over 

13 the zone in which the recovery facility is located cer14 tifies to the Secretary of Health and Human Serv15 ices that the recovery facility is in compliance with 

16 State and local laws, regulations, or ordinances that 

17 apply within the zone where the recovery facility is 

18 located. 

19 (b) DEFINITIONS.—In this section: 

20 (1) FEDERAL HEALTH CARE PROGRAM.—The 

21 term ‘‘Federal health care program’’ has the mean22 ing given such term in section 1128B(f) of the So23 cial Security Act (42 U.S.C. 1320a7b(f)). 

24 (2) RECOVERY FACILITY.—The term ‘‘recovery 

25 facility’’ has the meaning given such term in section 


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1 802 of the Fair Housing Act (42 U.S.C. 3602), as 

2 amended by section 3. 

3 SEC. 5. REMOVING SUBSTANCE USE DISORDER SERVICES 

4 AS AN ESSENTIAL HEALTH BENEFIT. 

5 Section 1302(b)(1)(E) of the Patient Protection and 

6 Affordable Care Act (42 U.S.C. 18022(b)(1)(E)) is 

7 amended by striking ‘‘and substance use disorder’’. 

8 SEC. 6. EFFECTIVE DATE. 

9 This Act, and the amendments made by this Act, 

10 shall take effect on the date that is 90 days after the date 

11 of the enactment of this Act. 

Æ 


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