The issue has galvanized neighbors, who feel The Vanderburgh is tarnishing the character of the street, which is full of old, stately homes. Though it is unclear whether the issue will go to trial or get settled out of court, it could set a precedent for where for-profit sober houses can open in the city, and how. Most of our Operators are new to the sober house business and opened their first home with the Eco Sober House system. Operators need to have passion for business and serving those in recovery, but don’t need any special training or education to open their sober house. Eco Sober House Civic & Social Organization Worcester, Massachusetts 65 followers We offer structured sober houses for men and women where every resident is supported in their recovery journey. But the issues in the case came to a head on Feb. 5, when a Superior Court judge ruled in a similar case between a sober house (also represented by Mr. Tine) and the city of Fitchburg.
As a result, the Plaintiffs claim that “current tenants have relapsed and/or left the Plaintiffs due to the stress” and that they have lost current and prospective tenants, although they have continued their operations. The Defendants have not addressed these allegations in their Motion to Dismiss or Supplementary Motion to Dismiss and for that reason alone, I am denying Defendants’ motion to dismiss with respect thereto. This Memorandum of Decision and Order addresses Plaintiffs’ motion to dismiss the complaint for failure to state claim (Docket No. 7), and Plaintiffs’ Alcoholism in family systems motion for preliminary injunction (Docket No. 17). For the reasons set forth below, the Defendants’ motion to dismiss is granted, in part, and denied, in part and the Plaintiff’s motion for preliminary injunction is denied. In a civil lawsuit filed May 1 by Foote against Parker, he alleges Parker is guilty of housing discrimination, unjust enrichment, misrepresentation and declaratory judgment. The Eco Sober House, wrote attorney Andrew Tine, can legally operate on Germain Street as its tenants are handicapped and disabled as defined by the Federal Fair Housing Act.
Foote closed the deal with the help of Ron Garebedian, a real estate agent living in Auburn, and it�s unclear from court documents what he said he�d be using the house for. The city code department has also been involved, issuing a letter claiming the house eco sober house complaints is violating its occupancy permit. While Parker believes The Eco Sober House is violating local zoning, Hunter Foote, The Eco Sober House owner, said federal fair housing law allows for the classification of recovering addicts as disabled people.
In Crossing Over Inc. and the Massachusetts Alliance for Sober Housing Inc., plaintiffs sought a judgment to prevent Fitchburg from enforcing a law that requires installing a sprinkler system in a lodging house. Again, Mr. Tine argued that the law was discriminatory under state and federal anti-discrimination laws because it treats unrelated disabled persons living in a sober home differently from families living in a home. Moreover, the plaintiffs assert that the waiver of the sprinkler law is a reasonable accommodation.
Here, I can bypass the first step in the sequential analysis, that is, I need not address whether the Plaintiffs have alleged a violation of a clearly established federal right. Even if the actions taken by Kelly and Horne violated the FHAA, the contours of that right were not sufficiently clear that they reasonably should have understood that their conduct was violative of Plaintiffs’ federal rights. Kelly and Horne issued the cease-and-desist letter requiring Southbridge to cease occupying the properties or obtain permits for a change in use classification and Kelly issued a cease-and-desist letter regarding the Vanderburgh property.
What Addictions Can Be Treated?
Foote alleges Parker has either directly or indirectly coerced, intimidated and/ or interfered with the handicapped residents. According to court records, the homeowner, James Parker of Texas, sent a letter to The Eco Sober House owners, telling them to stop using the house as a sober home. In response, the Eco Sober House this month filed a lawsuit against Parker in Worcester Superior Court.
Please visit Vanderburgh Communities for more information on how to become a sober living operator as a chartered organization. The plaintiffs again sent a letter to Building Commissioner John R. Kelly arguing that because the occupants are disabled under state and federal law they must be afforded equal access to housing.
On April 18, 2017, an inspector from the City visited a Vanderburgh property at 16 Germain Street, Worcester, MA (“Germain St.”) following complaints from neighbors and the building’s owner that the property was being used illegally as a sober house. On April 19th, Vanderburgh sent a letter to Mayor Petty requesting accommodations under the FHAA and/or compliance with the MZA. On April 25, at a meeting at City Hall which included Hunter Foote, manager of Vanderburgh, Sober living houses Vanderburgh’s counsel, and approximately 10 City officials, the City sought further information from Vanderburgh relating to the occupancy and use of the Germain Street property. On April 27, an assistant to State Representative John Mahoney called Eco Sober House following a complaint from a neighbor that it was operating as a sober house. Some Eco Sober House sober homes are independently owned and operated as Eco Sober House charters.
In an April 19, 2017, letter to Mayor Joseph M. Petty, Mr. Tine argued that because the occupants of the house are disabled under state and federal law, they must be afforded equal access to housing. WORCESTER — A dispute between the city and two sober houses has escalated to state superior and federal courts, raising questions of whether lodging house requirements discriminate against or protect the disabled. Eco Sober House provides an amazing opportunity for those in recovery to continue their journey towards independent living. We lead structured sober houses where those in recovery live together as a community and develop the tools and character to live free from substance abuse.
Hopi Behavioral Health Services
The city filed a civil complaint for injunctive relief against 65 Kenwood Ave. to enforce a second violation notice. In an Nov. 28, 2017 ruling, the BCAB decided for the city, saying that Eco Sober House was required to submit a building permit with a change of occupancy. The plaintiffs appealed the city’s order to the Building Code Appeals Board in Boston. Plaintiffs have filed a motion for preliminary injunction to maintain the status quo during the pendency of this law suit. More Alcohol specifically, Plaintiffs seek to enjoin the City from enforcing the cease-and-desist orders that it has issued with respect to the St. Germain St. and Kenwood Ave. properties. Given prior precedent, it is questionable whether the Plaintiffs can prevail on this theory even if afforded an opportunity for further factual development. At the same time, the Court cannot find that Plaintiffs have failed to state a plausible claim under the FHAA on a reasonable accommodation theory.