Elmhurst OKs Sober Home, Cites Hinsdale Litigation

ELMHURST, IL — In a nearly unanimous vote, the Elmhurst City Council on Monday approved a sober living home's zoning request, despite the neighborhood's opposition.

In so doing, aldermen said they had an obligation to follow federal fair housing laws. They also cited a similar situation in Hinsdale that resulted in a federal government lawsuit against the village.

Since 2018, Carpenter's Tools Ministries has run a sober living home at 348 N. Larch Ave. in northwest Elmhurst. It wanted an exemption from the zoning rule that limits a house to four unrelated people, a number the group has exceeded before. It asked for up to seven men in the seven-bedroom house.

Neighbors said they did not oppose the sober home, but urged the city to stick to its zoning regulations. They said the city was breaking no law by requiring just four unrelated people live in the home as long as it permitted the sober home. But the house manager, Jay Webb, said it was unaffordable for just four people to pay the costs of the home.

The city received legal advice that it must consider finances in its obligation to provide reasonable accommodations under the federal Fair Housing and Americans With Disabilities acts.

Webb, who has lived in Elmhurst for 50 years, told the City Council that few treatment and recovery options were available in eastern DuPage County.

"Approving this house would be the right thing to do, and it's the law," he said.

Ward 6 Alderman Michael Honquest started the City Council discussion. In April, he led the council committee that recommended approval of the permit for the sober home.

Honquest said he understood the neighborhood's frustrations with the owner of the property, where, years ago, police regularly responded to calls.

"It is true that this house in the last couple of decades has been a problem house," Honquest said. "No one would say this is a regular neighborhood experience."

But he pointed to federal housing laws and referred to Hinsdale's situation, which he called "directly analogous" to Elmhurst's. In that village, officials went to court to try to close a sober living home that exceeded the zoning limit of three unrelated people in a house. The village was unsuccessful, but its actions drew lawsuits from the U.S. Department of Justice and the group running the home, which has since moved to Bensenville.

Honquest said the council could decline the sober home's request and "let the chips fall where they may." But he said the city's lawyers advised against this. He called approval of the sober home's request a "business decision."

Ward 2 aldermen Bob Dunn and Jacob Hill, who represent the neighborhood in question, also supported the sober home's request. Dunn pointed to the condition that the tenants must abide by the house rules. But he conceded it would be tough for the city to enforce them.

Hill suggested the formation of a group to deal with the home's issues. He volunteered to take part.

Ward 7 Alderman Mark Mulliner praised Webb's reputation and said the council must show humanity. He also said he had no problem with a sober home.

"I would take it next to my house in a heartbeat," he said. "We need to help these people."

The council voted 11-1 for the sober home. Ward 6 Alderwoman Emily Bastedo was absent, and Mayor Scott Levin's former Ward 5 seat remains vacant.

Alderman Tina Park was the lone dissenting vote. She said she did not see any oversight mechanism for house rule violations. Without such oversight, she said she feared the sober home may fail.

After the vote, Levin, who only votes in the case of ties, cited his experience as a lawyer and said he believed the city was doing what it was required to do.

"It's been a long process," he said. "I hope the neighbors will come together. I know it's not what you wanted. Mr. Webb seems like a very approachable and thoughtful person."