Sober-living organization sues City of Rockford for discrimination

Rockford officials are seeking to condemn a group of sober living homes for what they consider unsafe living conditions as the operator of the houses accuses the city of discrimination under the Fair Housing Act in federal court.

Starting in fall 2021, Oxford House Inc. established six sober living locations in Rockford mostly inside single-family homes nestled in residential neighborhoods, according to federal court documents. Residents of the houses say they are independently run homes critical for successfully recovering from drug and alcohol addiction.

But city building inspectors ruled that the homes should be considered community-based housing and found what they said were health and safety code violations. Officials said the number of unrelated residents who can live in community-based housing is six and if more than four people live there, the houses must be equipped with automated fire suppression sprinklers.

Oxford House is operating several sober-living group homes in Rockford including this one on Pepper Drive seen Feb. 2, 2024.
Oxford House is operating several sober-living group homes in Rockford including this one on Pepper Drive seen Feb. 2, 2024.

Oxford House lawyers say equipping the houses with the sprinklers would make them cost prohibitive and deny people considered disabled under the law access to accommodations.

But Rockford officials would not waive restrictions on the number of people who can occupy the houses or its requirement that sprinklers be installed.

More: Resident: 'There would be no success stories' without Rockford area sober-living homes

Oxford House lawyers argue in their lawsuit that the city's refusal to make "reasonable accommodations" amounts to discrimination under the Fair Housing Act and Americans with Disabilities Act. They said Rockford police officers served a search and seizure warrant in fall 2021 at an Oxford House on Pepper Drive.

"On October 26, 2021, the city’s police came to Oxford House Waylon and ordered the seven residents living at the home to vacate the property by 5 p.m. that day or be arrested," the lawsuit reads. "All the residents left their home that day by 5 p.m. for fear of arrest and did not return that night ... On October 27, 2021, the city allowed six of the seven persons it evicted to return to Oxford House Waylon if Oxford House applied for a community-based housing permit."

According to city officials, not only aren't the houses not equipped with fire suppression sprinklers, they have found evidence that people are living in parts of the houses like basements that don't have proper exits in case of a fire or other emergency.

"If we think it's unsafe for people to live there, then we feel obligated to enforce the rules for their health and safety," said City Legal Director Nicholas Meyer said. "If you have people living in unsafe conditions where they shouldn't be living, then these are the proper steps to take."

The group homes are independently owned and "democratically operated" chapters of Oxford House. They are located at 5383 Pepper Drive, 6274 Brigantine Lane, 1234 National Ave., 5946 Weymouth Drive and 3522 Applewood Lane. Another is located on North Main Street in a commercial building, Rockford officials said.

Rockford City Council in October denied a request for a special use permit to increase the number of residents allowed in the sober-living homes as neighbors objected. Last month, the city issued notices that it intended to condemn the homes for code violations.

Those condemnations are on hold pending Oxford House's appeal to the Rockford Building Board of Appeals. A hearing is expected later this month.

The federal lawsuit before U.S. Magistrate Judge Lisa Jensen is in the discovery phase, and no court date is listed in electronic records.

A lawyer for Oxford House did not respond to an email message seeking comment.

Jeff Kolkey writes about government, economic development and other issues for the Rockford Register Star. He can be reached at  (815) 987-1374, via email at jkolkey@rrstar.com and on Twitter @jeffkolkey.

This article originally appeared on Rockford Register Star: Rockford accused of discrimination in federal lawsuit