Legal Question in Landlord & Tenant Law in Washington
laws regarding sober living homes
I live in a sober living home run by Oxford House. They have homes throughout the U.S. According to them, they
state that they do not have to abide by local landlord/
tenent laws and cite The Fair Housing Amendments Act
of 1988 and Group Homes for the Handicapped legislation
as the basis for this. In fact, they say they can kick anyone
out for ANY reason at Any time and the person must vacate
the premises within 15 minutes! How is this legal?
1 Answer from Attorneys
Re: laws regarding sober living homes
Washington State has a particular statute, Drug and Alcohol Free Housing, in the residential landlord tenant act that governs sober living homes. RCW 59.18.550.
Generally if it is federally assisted housing occupied on other than a transient basis by persons who are required to abstain from possession or use of alcohol or drugs as a condition of occupancy and who pay for the use of the housing on a periodic basis, without regard to whether the payment is characterized as rent, program fees, or other fees, costs, or charges, is covered by the Drug and Alcohol Free Housing Chapter. Transient basis housing is considered a motel or hotel type arrangement.
Under this chapter, a landlord has the right to terminate the tenant's tenancy by delivering a three-day notice to terminate with one day to comply, if a tenant living in drug and alcohol free housing uses, possesses, or shares alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription.
The question is whether Oxford House as an organization meets the requirements set out in the statute. If it does, then it must comply with RCW 59.18.550 and may not "lock out" or ask one to leave within 15 minutes.
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