Every few months an Arkansas operator calls AARR with the same story. A city has told them a recovery residence is not allowed in a residential neighborhood, a landlord has refused to renew a lease once they learned who lives there, or a neighbor has started a petition. The operator wants to know whether they have any rights.
They do. This article explains what federal and Arkansas fair housing law protects, what it does not, and where to turn when something goes wrong. It is written for operators, for people living in recovery housing, and for the city officials and landlords who often simply have not been told how the law treats these homes.
People in recovery are a protected class
The federal Fair Housing Act makes it unlawful to discriminate in housing because of race, color, religion, sex, national origin, familial status or disability. Congress added disability in 1988, and the definition includes people with a substance use disorder who are not currently using illegal drugs. HUD's regulations say it plainly: the term covers "drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism."
That means a person in recovery is protected in the same way as a person who uses a wheelchair. A recovery residence, which exists so that people with that disability can live together in a supportive home, is protected as housing for people with disabilities.
Arkansas law says the same thing. The Arkansas Fair Housing Act of 2001 mirrors the federal protections and gives the state its own enforcement agency, the Arkansas Fair Housing Commission.
What the protection covers
Zoning and land use. A city may not use its zoning code to keep recovery residences out of residential neighborhoods, require them to get a special permit that an ordinary household would not need, or cap how many unrelated people may live together in a way that applies only to them. In 1995 the United States Supreme Court decided City of Edmonds v. Oxford House, a case about a recovery residence in a single-family zone, and held that a city's definition of "family" is not exempt from the Fair Housing Act. Cities have lost many cases on these facts since.
Reasonable accommodation. Where a rule does stand in the way, the law requires a city or a landlord to make a reasonable accommodation: a change in a rule, policy or practice when the change is necessary to give people with disabilities an equal opportunity to use and enjoy a home. For a recovery residence, that most often means asking the city to treat the home as a single housekeeping unit, or asking a landlord to allow more occupants than a lease term permits. The request should be made in writing, and the city or landlord must consider it in good faith.
Renting and buying. A landlord may not refuse to rent to an operator because the house will be used for recovery housing, and may not refuse to rent to an individual because that person is in recovery or has lived in a recovery residence. Neither may a lender, an insurer or a real estate agent treat the home differently for that reason.
Harassment and retaliation. It is unlawful to coerce, intimidate, threaten or interfere with anyone exercising fair housing rights, or to retaliate against someone for asserting them or for filing a complaint.
What the protection does not cover
Fair housing law is strong, but it is not a blank check, and operators who understand its limits are harder to challenge.
- It protects people in recovery, not people currently using illegal drugs. A residence's own rules about use are consistent with the law.
- It does not exempt a home from safety codes that apply to everyone. Fire, building and health requirements that apply to any house of the same size still apply.
- It does not require a city to approve every request. An accommodation can be refused if it would impose an undue financial or administrative burden or fundamentally change the nature of a zoning scheme. In practice, that bar is high for a home that looks and operates like any other house on the street.
- It does not prevent a city from asking reasonable questions. Operators should expect to explain how the home operates and should answer professionally.
Why certification helps
Nothing in fair housing law requires a recovery residence to be certified. But when a dispute starts, the first question a city attorney or a judge asks is whether the home is a legitimate recovery residence or a rooming house with a label. AARR certification answers that question with evidence: a written operating standard, policies, inspections and a grievance process. Certified homes in Arkansas are listed in the AARR directory, and that listing is often the fastest way to show a city or a landlord what the home is.
What to do if you believe your rights were violated
Keep a record. Save letters, emails, permit denials, lease correspondence and notes of conversations with dates and names.
Ask in writing. If a rule is the problem, send a written reasonable accommodation request that explains what you are asking for and why it is needed. Many disputes end here.
File a complaint. You have two routes, and you may use either or both:
- The Arkansas Fair Housing Commission, 900 West Capitol Avenue, Suite 310, Little Rock, AR 72201, 501-682-3247 or 1-800-340-9108. Complaints can be filed online through the Arkansas Department of Inspector General.
- The U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, 1-800-669-9777, or online at hud.gov. HUD complaints must generally be filed within one year of the discriminatory act. A private lawsuit in federal court generally must be filed within two years.
Get help. Legal Aid of Arkansas has a fair housing program for people who qualify. Private attorneys handle these cases as well, and the law allows a court to award attorney's fees to a prevailing party.
Tell AARR. If a certified residence or its residents run into a zoning or housing problem, let us know at info@narrarkansas.org. AARR cannot represent you, but we track these issues across the state, can often point to how a similar case was resolved, and can write a letter explaining what certification means. Residents with a concern about a certified home itself can use AARR's grievance form.
A note on federal guidance
For years, operators and cities relied on a 2016 joint statement from HUD and the Department of Justice explaining how the Fair Housing Act applies to local zoning. HUD withdrew that statement in September 2025 as no longer reflecting its official legal position. That withdrawal changed a guidance document, not the law. The Fair Housing Act, the Arkansas Fair Housing Act, HUD's regulations and the court decisions described above are all still in force. Anyone citing the 2016 statement today should cite the statute and the cases instead.
Watch: Fair Housing Act Protections Every Recovery Residence Should Know
Frequently asked questions
Can a city require a recovery residence to get a special use permit?
Not if an ordinary household of the same size in the same zone would not need one. Requiring a permit only because the residents are in recovery treats them differently because of a disability. A city may be asked to waive such a requirement as a reasonable accommodation.
Can a landlord refuse to rent to someone because they live in a sober living home?
No. Refusing to rent to a person because they are in recovery, or because of where they have lived while in recovery, is disability discrimination under federal and Arkansas law.
Does the Fair Housing Act protect someone who is still using?
No. The law excludes people currently using illegal drugs. It protects people in recovery who are not currently using, including people receiving medication for a substance use disorder under a doctor's care.
Do I need to be certified to be protected?
No. The protection comes from the disability of the residents, not from certification. Certification makes it much easier to prove that the home is a genuine recovery residence when that is questioned.
This article is general information about fair housing law. It is not legal advice. For advice about a specific situation, speak with an attorney or contact one of the agencies listed above.