AN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 7; Title 13 and Title 33, relative to housing.
SB1381 authorizes local governments in Tennessee to regulate certain sober living homes through ordinance or resolution. The bill defines a sober living home as an alcohol-free, drug-free residence for unrelated adults recovering from substance use disorder, and it defines a local government for purposes of the act by population range, effectively limiting the bill’s application to a specific county and its incorporated municipalities. It also defines healthcare provider, operator, and alcohol and drug services for use in the new part added to Title 7.
Under the bill, a local government may require sober living homes located within 1,000 feet of a K-12 school, preschool, or daycare to be recognized or certified by an approved organization listed by the Department of Mental Health and Substance Abuse Services. Local governments may also regulate the location and operation of sober living homes to ensure compliance with zoning, health, safety, fire, and building codes. In addition, they may require a referral or recommendation from a licensed healthcare provider or a court before an operator allows an individual to reside in a sober living home. Any local ordinance adopted under the act must comply with the federal Fair Housing Act and the Americans with Disabilities Act.
The bill’s impact is to expand local regulatory authority over sober living homes while preserving federal housing and disability protections. It creates a new statutory framework in Title 7 for these residences and may affect operators, residents in recovery, local planning and code-enforcement officials, and approved certification organizations. The act is severable and takes effect upon becoming law.
The overall sentiment appears supportive, with the Senate Health and Welfare Committee recommending passage 8-0 and one member present not voting. The available record does not show organized opposition in committee, but the bill’s structure suggests an effort to balance neighborhood concerns, public safety, and recovery housing access. The main point of potential contention is the extent to which local governments can impose certification, referral, and location requirements on sober living homes without running afoul of fair housing and disability law, especially for homes near schools and childcare facilities.
The bill adds a new part to Tennessee Code Annotated Title 7 authorizing certain local governments to regulate sober living homes, including certification requirements for homes near schools or daycare, zoning and code compliance rules, and referral requirements for residents. It does not create a statewide licensing scheme, but it gives targeted local governments new authority over the operation and placement of recovery residences, subject to the Fair Housing Act and ADA.
Committee action indicates broad support, as the Senate Health and Welfare Committee recommended passage unanimously by an 8-0 vote. No committee transcript was provided, so there is no recorded debate to indicate strong opposition or amendments beyond the committee recommendation. The bill appears to have been framed as a local control and public safety measure rather than a controversial statewide restriction.
The likely points of contention are the new local restrictions on sober living homes, especially the 1,000-foot proximity rule, certification requirement, and referral prerequisite. Supporters would likely view these as tools to protect neighborhoods, schools, and vulnerable residents; opponents could argue they burden recovery housing, limit access to treatment-supportive residences, or risk discrimination against people in recovery. The bill explicitly tries to address that tension by requiring compliance with the Fair Housing Act and the ADA.