ID: Legislation Threatens Transitional Housing

A bill that recently passed in both houses of the Idaho legislature has the potential to make it nearly impossible for groups to operate housing for people transitioning from prison to the community. The bill is sponsored by Representative Lynn Luker and would create an exemption to the Federal Fair Housing Act for Idaho cities.

Federal law permits housing eight to twelve people in neighborhoods zoned for single family homes if the housing is needed to assist people with medical conditions, including addiction. Rep. Luker’s legislation would allow cities to prohibit clean and sober housing if the residents were considered to be a threat to the health and safety of the neighbors. Under the US Department of Justice’s definition, people on parole or probation can be considered a threat to health and public safety, regardless of the type of conviction. So that means that cities would have the ability to stop any clean and sober transitional housing.

Idaho currently has close to 100 transitional homes and a growing prison population. The bill is on its way to the Governor for his signature. If the bill becomes law, service providers are considering taking it to court.

This news brief is based on stories from Channel 2 News, Proposed Bill Could Regulate Transitional Homes, and the Idaho Statesman, Senate OKs Stronger Local Control Over Transition Homes.

The Idaho Statesman’s Editorial Board published an editorial advocating for the Governor to veto the legislation, Our View: Group Homes Serve a Vital Need; Don’t Shun Them.

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