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CaliIornia's sober-living homes have been changing the lives oI those that need direction and
structure to get their lives back in order. As the names indicate, these homes are designed to
provide an alcohol and drug-Iree environment Ior individuals with substance-abuse problems. These
homes are regulated under CaliIornia and Iederal laws.
Proposition 36, also known as the "Substance Abuse and Crime Prevention Act," was passed by
CaliIornia voters in 2000. This proposition dramatically changed CaliIornia's laws regarding Iirst-
and second-time oIIenders oI non-violent simple drug possession. In place oI jail time, these
oIIenders are able to choose to be placed in a sober-living home Ior treatment. Subsequent oIIenses
(i.e. third-time oIIenders) do Iace incarceration. A sober-living home must be certiIied with either
the state oI CaliIornia or local counties. Private organizations such as CaliIornia Association oI
Alcoholism and Drug Abuse Counselors are also able to certiIy. For more inIormation, please visit
Prop36.org (see "Resources").
CaliIornia's sober-living homes are governed by state landlord-tenant laws. This means that the
tenants and those that run the home owe certain legal obligations to each other. Tenants oI the
sober-living Iacility are responsible Ior paying rent on time, not using the premises Ior illegal
purposes, and to keep the Iacility in good condition. Those running the home are responsible Ior the
habitability oI the Iacility (i.e. running water and heat) and to repair any problems with the home.
Eviction rules apply as well. Notice oI eviction must be given beIore anyone can be removed Irom
the sober-living home.
The Federal Fair Housing Amendment Acts ("FHAA") apply to sober-living homes. The FHAA
amended the Civil Rights Act oI 1968 to extend prohibitions against race, religion and gender
discrimination to those with disabilities and Iamilies with children. The FHAA includes those with
physical disabilities as well as mental disabilities. Furthermore, the Act covers conditions that aIIect
a person's ability to to perIorm everyday Iunctions such as walking, speaking, learning and so Iorth.
The FHAA prohibits landlords Irom reIusing to rent to those listed under the Act or to create
diIIerent terms in the lease or rental agreement.
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CaliIornia Sober Living Laws
By David Montoya, eHow Contributor
Proposition 36
Landlord-Tenant Law
Federal Fair Housing Amendment Acts