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"<body><p>A substance abuse recovery organization has accused Chicago city officials of violating federal disability laws in citing city zoning rules to block the group\u2019s application to allow a group of recovering substance abusers to live in a single family home in the city\u2019s West Town neighborhood. \r</p><p>\r</p><p>A Fresh Start Sober Living Environment, which says its \u201Cprimary purpose is to provide safe and sober housing for recovering alcoholics and substance abusers,\u201D filed suit in Chicago federal court March 31 against the city over the city\u2019s actions in regards to the property the organization has leased at 530 N. Marshfield Ave.\r</p><p>\r</p><p>In the complaint, Fresh Start invoked the Fair Housing Act\u2019s definition of handicap, which includes in its definition of \u201Cphysical or mental impairment\u201D the terms \u201Calcoholism\u201D and \u201Cdrug addiction (other than addiction caused by current, illegal use of a controlled substance),\u201D and argues city policies violate FHA protections by inhibiting Fresh Start\u2019s ability to rent sober housing to people in recovery.\r</p><p>\r</p><p>Fresh Start says its residents are either employed or in school, or both, and have either completed substance abuse treatment or actively participate in 12-step programs. Clients come in via referral from several outside agencies. Many program residents, the complaint says, \u201Care attorneys, law enforcement personnel, firefighters and high-end real estate brokers.\u201D Along with two house managers, up to 12 clients live at the Marshfield property, used as a single-family home, \u201Cand make group decisions based on democratic procedures.\u201D\r</p><p>\r</p><p>Fresh Start signed its lease for the Marshfield property on Aug. 31, 2013. A Fresh Start alleged in its complaint that neighbors immediately began photographing and documenting residents\u2019 movements, and verbally abusing and harassing residents, as well as delivery and service workers called to the home. The complaint detailed a pattern of conflict between neighbors and residents, including at least one incident in which police intervened in a conflict between the neighbors and a resident after the neighbors allegedly refused to move a parked vehicle to allow a resident leave in the morning. Neighbors also complaint to Ward 1 Ald. Proco Joe Moreno. \r</p><p>\r</p><p>On Oct. 18, 2013, Fresh Start submitted a request to the city zoning administrator for a \u201Creasonable accommodation\u201D under the FHA. Three days later, Moreno and the Chicago Grand Neighbors Association organized a meeting to address the Marshfield house, which included a complaint to the Illinois Department of Substance Abuse that the property should be subject to licensing requirements. The department inspected a Fresh Start house and determined a license wasn\u2019t needed, the complaint said, as no treatment activities were being conducted at the home. At a Feb. 22, 2014, meeting, Moreno\u2019s chief of staff Raymond Valdez explained the city had no legal means to oppose the use of the home, according to the complaint.\r</p><p>\r</p><p>The reasonable accommodation request stalled in March 2015 when a lawyer for the city advised the city\u2019s definition of household would allow only eight people with disabilities, plus staff, so Fresh Start would need to appeal to Chicago\u2019s Zoning Board of Appeals for a special use permit for a group community home. Moreno and several neighbors spoke against that application at the board\u2019s May 28, 2015, hearing.\r</p><p>\r</p><p>The board denied the application, which the complaint argues effectively denies needed housing opportunities to people with the disabilities of alcoholism and addiction. The complaint accused the city of \u201Cutilizing its police and zoning powers on this group of unrelated disabled individuals living together as a common household differently than it imposes upon individuals who are living together who are related by blood or marriage or other groups of unrelated disabled persons.\u201D\r</p><p>\r</p><p>The complaint asked the court to declare the city illegally discriminated against Fresh Start with FHA and ADA violations, and to declare Fresh Start\u2019s use of the Marshfield house to be consistent with city zoning code. Fresh Start asked the court to force the city to adopt a reasonable accommodation ordinance to establish a process for similar situations, as well as to award legal fees and any damages available under federal law.\r</p><p>\r</p><p>Attorneys Saul R. Wexler, of Chicago, and Steven G. Polin, of Washington, D.C., represented A Fresh Start in the matter.\r</p></body>"^^<http://www.w3.org/2001/XMLSchema#string>
<http://cookcountyrecord.com/stories/510708308-sober-housing-group-says-city-discriminated-against-its-clients-in-denying-permit-for-west-town-home>