Draft proposals would establish baseline living conditions for recovery homes and introduce government enforcement for the first time.

This is the third in a series of brief updates on the SB838 workgroup, which is still deliberating on recommendations — due to the General Assembly by Nov. 1 — to strengthen oversight, transparency and resident rights in Virginia’s recovery housing sector. 

Today’s focus: ensuring safe and habitable recovery homes. 

So far, the group’s recommendations address overcrowding, infestations, security and other safety issues:

Workgroup members Martin Hawes and Honesty Liller also urged a ban on bunk beds, citing safety risks. “For someone that fell out of a bunk bed in treatment and it was very dangerous, I would suggest we not have bunk beds ever,” Liller said. 

A 2021 incident report from True Recovery’s Hermitage House reinforces that concern, documenting how a resident struck her head after falling from a top bunk:

Hawes also raised concerns about basements — some with ceilings too low or windows too small for firefighter access.

“I think that’s a great point,” said Hallie Pence, representing the governor’s office. “Looking at the things that really impact the safety both in emergencies and every day, kind of like Honesty was talking about with bunk beds in general and whether or not we want to make that across the board application, but I think looking at emergency situation safety and windows is a good idea.”

Not everyone agreed. Nicole Riley, representing Treatment and Recovery Allies (TARA),¹ argued that recovery homes should be treated as any other residence, with operators left to decide on bunk beds and basement use.

(Riley didn’t respond to an email asking which operators she represents through TARA — a recently formed group with no website or public footprint. During the past General Assembly session, though, she identified Stephanie Bellanger, co-owner of Starfish Recovery & Wellness, as a member.)

As the debate over minimum standards continues, the workgroup is also discussing how to enforce those standards and ensure compliance with state building codes. 

Currently, recovery homes fall into a unique oversight gap when it comes to inspections and residents’ rights to safe housing.

Unlike licensed group homes, recovery residences are treated as private homes and exempt from routine state inspections. Since 2022, residents of certified recovery homes have also lost protections under the Virginia Residential Landlord and Tenant Act (VRLTA), which gives most renters a way to hold landlords accountable for unsafe or unlivable housing.²

To address the oversight gap, the Department of Behavioral Health and Developmental Services (DBHDS) outlined a potential inspection framework at the July 29 full workgroup meeting:

• All recovery homes would be required to meet minimum criteria for the physical space of the residence.
• Homes certified directly with DBHDS would be inspected by the agency.
• Homes credentialed by a third party — the Virginia Association of Recovery Residences (VARR), Oxford House, etc. — would be inspected by that entity (as they currently are), while DBHDS could also conduct an inspection every three years.
• Localities could require annual inspections by local fire officials as a condition of certification. Protocols would be established to prevent discrimination against recovery homes.
• Inspection results would be shared publicly on the DBHDS website.

Not all members supported giving localities a role. In a subgroup meeting, Riley warned that local inspections could be weaponized by neighbors who are hostile to recovery homes. She argued that inspections by credentialing entities should be sufficient.

But a credentialing entity’s inspection is not the same as an official fire inspection, which requires specialized training, follows established fire codes, and carries legal authority to enforce compliance under local and state laws.

VARR, for example, checks for basics — smoke detectors and fire extinguishers, among other items — but does not verify compliance with all codes and relies instead on operators’ attestations that their homes:

• “meet all federal, state and local ordinances and building codes”;
  
• “have electrical, mechanical and structural components that are functioning and free from fire and safety hazards”; and
  
• “meet the expectations of all legally authorized inspection agencies (fire suppression systems, elevators, etc.)…”

Jennifer Van Ee, legislative director for Fairfax County, noted in a subgroup meeting that the public cannot assume operators are knowledgeable about or compliant with building codes. “If we’re certifying that a house is safe to live in from a treatment standpoint, those kinds of things are important,” she said.

At the July 29 meeting, Liller pushed for annual DBHDS inspections of all homes. “A lot of things can happen in three years,” she said, citing leadership changes or even relapse by an operator.

Riley countered that annual DBHDS visits might be unnecessary for homes already inspected by a third-party credentialing entity. Liller replied: “Yeah but as an operator — probably one of the longest in the state of Virginia — I think DBHDS should still come in once a year and check these houses that are VARR- and Oxford-certified. That’s my professional opinion.” In an earlier subgroup meeting, she added: “Operators (should) be inspection-ready at all times. … You shouldn’t have to scramble to get your house in order.”

Residents I’ve interviewed over the last three years have complained about a range of substandard housing conditions among certain operators, including: black mold, flooding, urine- and blood-soaked mattresses, unreplaced air filters, rotting wood, electrical hazards, and overcrowding. 

Others have reported residents sleeping on couches, infestations of rats and roaches, broken windows, main doors that don’t lock, and appliances that go unfixed for months.

With no clear consensus in the workgroup, it remains uncertain which enforcement tools will be recommended to the General Assembly.

To weigh in on this issue, you can:

• Attend a workgroup meeting and make a statement during the public comment period; or
• Email your comments with the bill number (SB838) to workgroups@dbhds.virginia.gov.

As previously announced, the next round of subgroup meetings will be held virtually on Aug. 26. See the bill tracker page for details.

The next SB838 workgroup update covers eviction protocols.

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Have a correction, update, or tip to share? Email christa@investigate-rva.com or get in touch with me here.

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1. A previous article incorrectly identified Nicole Riley as a representative of VARR, based on alist of SB838 workgroup members provided by the Office of the Secretary of Health and Human Resources. Return to article.

2. As previously reported, 2022 legislation sponsored by Del. Carrie Coyner (R-Chesterfield) — and backed by VARR — exempted certified operators from the VRLTA, leaving the residents without the same rights as most Virginia tenants. Return to article.