In Evictions in Clean & Sober Housing (Part 1), we explained some of the requirements and the specific evictions process for tenants living in clean and sober housing in Washington State. Current legislation does not provide strong protections for these tenants, so in Part 2, we’ll address some of the barriers they face.
In the 2013 legislative session, there was an effort by certain housing providers to introduce legislation to make it faster for landlords of clean and sober housing to evict tenants. Because the evictions process for this type of housing is already speedy under current law, the new legislation would have put these tenants at great risk of losing their housing. But through a collaborative open dialogue to discuss the implications of changing the current law regarding evictions in clean and sober housing, the proposed legislation was not introduced and will not move forward this legislative session.
Stable housing is critical in helping individuals in recovery get back on their feet and be able to support themselves. However, housing promoted as “clean and sober” or “recovery housing” varies widely in the types and levels of services and support offered to the residents, because current Washington State law does not require regulatory monitoring of these types of housing. Also, it is common for various individuals living in clean and sober housing to be at different stages of drug or alcohol recovery. In situations where individuals break the housing rules by using drugs on the premises, it can be challenging for landlords to protect the other residents so that recovering addicts are not put in vulnerable situations with drugs present in their living environment.
Many housing providers who offer clean and sober housing do comply with the laws and meet the guidelines of chemical dependency professionals working with individuals in recovery programs. However, there are also landlords who do not comply – specifically with the required evictions process. In some cases, tenants are not given the proper eviction notices required by law and then face the risk of housing loss in a very short amount of time without due process. Under the current statute, tenants in these situations can be given a 3-day notice with only one day to comply or be evicted.
The current evictions process in all types of rental housing is speedy, but even more so in clean and sober housing where the time window for tenants to be in compliance is only one day. While this allows for housing providers to maintain the health and safety of tenants in recovery housing by immediately addressing problems with tenants who are not complying with the rules, it can be problematic for tenants who relapse and require more support.
Because many individuals who live in clean and sober housing can be required to serve jail sentences if they violate their court-ordered requirements, stable housing is critical to address drug addiction issues through services and alternative community programs, not jail time. Relapsing tenants should be given chemical dependency counseling and access to legal services so they can be well-informed and able to address a notice of eviction, but access to free services is very limited and often contingent on funding of community programs.
For these reasons, it is crucial that the clean and sober housing evictions process not be sped up, as this would only create further barriers for individuals who are working towards making life changes from drug addiction.
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