H.R. 5724House115th Congress (2017-2019)In Committee

Restoring Community Oversight of Sober Living Homes Act of 2018

Introduced May 9, 2018

AI-Generated Summary

Updated April 15, 2026 at 9:40 PM UTC

The Restoring Community Oversight of Sober Living Homes Act of 2018 changes the Fair Housing Act to let states and localities apply zoning rules to sober‑living homes, defines what a “recovery facility” is, and ties federal health‑care funding for those homes to compliance with local zoning laws. It also removes substance‑use‑disorder treatment from the list of essential health benefits under the Affordable Care Act. The bill mainly affects sober‑living homes, local governments that regulate zoning, and federal health‑care programs that might fund these homes.

Key Provisions

  • Adds language to the Fair Housing Act stating that federal disability‑rights laws do not stop states or localities from enacting zoning rules that can prohibit recovery facilities in residential areas.
  • Defines “recovery facility” as a building used by a person disabled by drug addiction or alcoholism that must stay free of controlled substances and alcohol, and excludes such facilities from the Fair Housing Act’s disability protections.
  • Requires that any recovery facility in a residential zone can only receive federal health‑care program payments if it follows all applicable local zoning laws and receives certification from the local government to the HHS Secretary.
  • Amends the Affordable Care Act to delete “substance use disorder” from the essential health benefits definition.

Legislative Activity

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3 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on the Constitution and Civil Justice.

May 9, 2018

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HouseIntro Referral

Introduced in House

May 9, 2018

HouseIntro Referral

Sponsor introductory remarks on measure. (CR H3843)

May 9, 2018

HouseIntro Referral

Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

May 9, 2018

HouseCommittee

Referred to the Subcommittee on the Constitution and Civil Justice.

May 9, 2018

Floor Debate

14 members

What members said about H.R. 5724 on the floor

11 Republicans3 Democrats
Maxine Waters
Rep. Maxine WatersD-CA-43 · Jun 14, 2018

Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, as I sat here and I listened to Congressman Hensarling, the chair of the Financial Services Committee, where I serve as ranking…

Andy Barr
Rep. Andy BarrR-KY-6 · Jun 14, 2018

Mr. Chairman, I rise today in support of my legislation, H.R. 5735, the Transitional Housing for Recovery in Viable Environments Act, or the THRIVE Act. I thank Chairman Hensarling, Chairman Duffy,…

Jeb Hensarling
Rep. Jeb HensarlingR-TX-5 · Jun 14, 2018

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and submit extraneous materials on the bill, H.R. 5735. Mr. Chairman, I…

Dana Rohrabacher
Rep. Dana RohrabacherR-CA-48 · Oct 30, 2018

Mr. Speaker, I rise again regarding the hearing held by the Judiciary Subcommittee on the Constitution and Civil Justice on September 28, 2018 on the issue of sober living homes. At that hearing, I…

Dana Rohrabacher
Rep. Dana RohrabacherR-CA-48 · Oct 19, 2018

Mr. Speaker, I rise again regarding the hearing held by the Judiciary Subcommittee on the Constitution and Civil Justice on September 28, 2018 on the issue of sober living homes. At that hearing, I…

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Dana Rohrabacher
Rep. Dana RohrabacherR-CA-48 · Nov 2, 2018

Mr. Speaker, I rise again regarding the hearing held by the Judiciary Subcommittee on the Constitution and Civil Justice on September 28, 2018, on the issue of sober living homes. At that hearing, I…

Bill Huizenga
Rep. Bill HuizengaR-MI-2 · Jun 14, 2018

Mr. Chairman, I thank the chairman for yielding. I congratulate my friend and colleague from Kentucky (Mr. Barr) for tackling this difficult and very important issue. Mr. Chairman, I rise in support…

Dana Rohrabacher
Rep. Dana RohrabacherR-CA-48 · Jun 14, 2018

Mr. Chair, I have an amendment at the desk. Mr. Chairman, I rise to offer a simple but crucial amendment to the THRIVE Act to ensure that local governments have a say in which sober living homes are…

Nydia M. Velázquez
Rep. Nydia M. VelázquezD-NY-7 · Jun 14, 2018

Mr. Chair, I would like to take this opportunity to thank the ranking member for her leadership on this issue. Mr. Chair, I rise in opposition to H.R. 5735, the THRIVE Act. H.R. 5735 has a worthy…

Dana Rohrabacher
Rep. Dana RohrabacherR-CA-48 · Oct 9, 2018

Mr. Speaker, I rise again regarding the hearing held by the Judiciary Subcommittee on the Constitution and Civil Justice on September 28, 2018 on the issue of sober living homes. At that hearing, I…

Gwen Moore
Rep. Gwen MooreD-WI-4 · Jun 14, 2018

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, the legislation before us today makes nonprofit organizations eligible for Federal Government vouchers to house people in recovery for…

Randy Hultgren
Rep. Randy HultgrenR-IL-14 · Jun 14, 2018

Mr. Chair, I thank Chairman Hensarling for his leadership and for moving this important legislation forward. Mr. Chair, the United States has an opioid epidemic, one that is claiming more than 115…

Ted Budd
Rep. Ted BuddR-NC-13 · Jun 14, 2018

Mr. Chairman, I want to first thank my friend from Kentucky for his leadership on this bill. The THRIVE Act is an important piece of legislation, and I am proud to cosponsor it. The National…

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Sean P. Duffy
Rep. Sean P. DuffyR-WI-7 · Jun 14, 2018

Mr. Chairman, I thank the chairman of the full committee for his support of this fantastic bill that has been offered by Mr. Barr. This is pretty simple stuff. There are 2.2 million vouchers. 2.2…

Dana Rohrabacher
Rep. Dana RohrabacherR-CA-48 · Oct 16, 2018

Mr. Speaker, I rise again regarding the hearing held by the Judiciary Subcommittee on the Constitution and Civil Justice on September 28, 2018 on the issue of sober living homes. At that hearing, I…

Dana Rohrabacher
Rep. Dana RohrabacherR-CA-48 · Oct 5, 2018

Mr. Speaker, I rise to inform my colleagues about the hearing held by the Judiciary Subcommittee on the Constitution and Civil Justice on September 28, 2018 on the issue of sober living homes. I had…

Claudia Tenney
Rep. Claudia TenneyR-NY-22 · Jun 14, 2018

Mr. Chairman, I rise to state my strong support of the Transitional Housing for Recovery in Viable Environments Act, or the THRIVE Act. In my district and across the Nation, the opioid epidemic has…

Tom Emmer
Rep. Tom EmmerR-MN-6 · Jun 14, 2018

Mr. Chairman, when we talk about the opiate crisis, we talk often of its victims, but there is an important group that we are leaving out: survivors. Individuals who complete inpatient rehabilitation…

Dana Rohrabacher
Rep. Dana RohrabacherR-CA-48 · Oct 12, 2018

Mr. Speaker, I rise again regarding the hearing held by the Judiciary Subcommittee on the Constitution and Civil Justice on September 28, 2018 on the issue of sober living homes. At that hearing, I…

Dana Rohrabacher
Rep. Dana RohrabacherR-CA-48 · Oct 23, 2018

Mr. Speaker, I rise again regarding the hearing held by the Judiciary Subcommittee on the Constitution and Civil Justice on September 28, 2018 on the issue of sober living homes. At that hearing, I…

Karen C. Handel
Rep. Karen C. HandelR-GA-6 · Jun 14, 2018

Mr. Chairman, I rise today in support of the THRIVE Act. In the Sixth District, my district, Fulton and Cobb Counties have the highest opioid and heroin overdose rates of all counties in the entire…

Andy Biggs
Rep. Andy BiggsR-AZ-5 · Jun 14, 2018

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume. First of all, I commend Chairman Hensarling and the gentleman from Kentucky for their…

Bill Text

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Introduced in HouseIssued May 9, 2018

I

115th CONGRESS

2d Session

H. R. 5724

IN THE HOUSE OF REPRESENTATIVES

May 9, 2018

Mr. Rohrabacher introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Fair Housing Act to clarify the applicability of that Act to recovery facilities, and for other purposes.

1.

Short title

This Act may be cited as the Restoring Community Oversight of Sober Living Homes Act of 2018.

2.

Zoning and licensing of recovery facilities

Section 807 of the Fair Housing Act (42 U.S.C. 3607) is amended by adding at the end the following:

(c)

Nothing in this title or any other Federal law relating to protections for those with disabilities prohibits any State or local government from implementing laws, regulations, or ordinances that apply specifically to recovery facilities located in residentially zoned areas, including a law, regulation, or ordinance which prohibits recovery facilities in residentially zoned areas.

.

3.

Fair Housing Act definitions

Section 802 of the Fair Housing Act (42 U.S.C. 3602) is amended—

(1)

in subsection (b), by inserting before the period at the end the following: , except that such term does not include any building, structure, or portion thereof that is located in a residentially zoned area and is used as a recovery facility; and

(2)

by adding at the end the following:

(p)

Recovery facility means a building, structure, or portion thereof that is occupied by a person who is handicapped due to drug addiction or alcoholism, and for which a condition of such occupancy of such building, structure, or portion thereof is that it remains free of controlled substances and alcohol.

.

4.

Requirements for recovery facilities as a condition for certain Federal funding

(a)

In general

A recovery facility in a residential zone may not receive direct or indirect payments or reimbursements or other remunerations from a Federal health care program unless—

(1)

the recovery facility is in compliance with State and local laws, regulations, or ordinances that apply within the zone where the recovery facility is located; and

(2)

the local government with jurisdiction over the zone in which the recovery facility is located certifies to the Secretary of Health and Human Services that the recovery facility is in compliance with State and local laws, regulations, or ordinances that apply within the zone where the recovery facility is located.

(b)

Definitions

In this section:

(1)

Federal health care program

The term Federal health care program has the meaning given such term in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a7b(f)).

(2)

Recovery facility

The term recovery facility has the meaning given such term in section 802 of the Fair Housing Act (42 U.S.C. 3602), as amended by section 3.

5.

Removing substance use disorder services as an essential health benefit

Section 1302(b)(1)(E) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(b)(1)(E)) is amended by striking and substance use disorder.

6.

Effective date

This Act, and the amendments made by this Act, shall take effect on the date that is 90 days after the date of the enactment of this Act.