July 17th, 2016 at 9:14 am
Answer: California law strongly favors sober living and other residential care facilities, given that studies show that a home-like setting is beneficial to recovering alcoholics and addicts, as well as people who are disabled, elderly, or otherwise in need of care. Residential care facilities of 6 or fewer residents are generally exempt from local business taxes, use permit fees, and zoning restrictions, because the law deems these operations to be the residential use of property. Moreover, sellers and agents are not required to disclose the existence of such facilities to prospective buyers, according to a California Attorney General opinion.
Of course, what sounds great in theory may not be so straight-forward in practice. As you mentioned, neighbors often complain about noise, people coming and going, parking problems, a lot of smokers, and sometimes crime and other problems. Also, determining whether a particular facility is a protected residential care facility can be difficult at times because of legal complexities (see C.A.R.’s Q&A on Residential Care Facilities).
As for renting, a landlord is unlikely to be required to rent to a residential care facility (unlike certain childcare operations). The landlord should be able to successfully argue that he or she is not engaging in illegal discrimination, but making a legitimate business decision not to rent based upon liability, insurance, and other issues. However, to be prudent, a landlord should always try to reject a tenant based upon income, credit, and other objective factors, rather than because the tenant wants to run a residential care facility.
-Thank you to Nick Cacarnakis (Beverly Hills Manager) for suggesting this week’s legal tip.
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