3 Lawmakers Back West Caldwell’s Attempt To Regulate ‘Sober Home’

WEST CALDWELL, NJ — Three state lawmakers have thrown their support behind West Caldwell’s attempts to regulate a for-profit “sober living” home on Dodd Road.

The township has been embroiled in a long-running dispute with the owners of a cooperative sober living residence (CLSR) at 25 Dodd Road, who have been accused of purchasing the home in 2022 and launching a CLSR without zoning approval in an area where only single-family homes are allowed.

The issue has seen split opinions among community members, with some demanding action against the sober living home and others speaking in its support at recent council meetings.

Currently, more than $600,000 in fines have been issued by multiple courts, but no payment has been provided yet. The Essex County Superior Court recently ordered that all tenants living at the property must vacate the premises, TAPinto West Essex reported.

“I am pleased with the results and the judge’s decision,” West Caldwell Mayor Joseph Tempesta told the publication. “This has been a zoning issue for two years. No application was ever sought or granted.”

The facility was reportedly licensed by the New Jersey Department of Consumer Affairs (NJDCA) to operate as a rooming house, however, which recently spurred three Republican legislators who represent the 40th District – Sen. Kristin Corrado, and Assembly members Christopher DePhillips and Al Barlas – to send a letter regarding 25 Dodd Road to the commissioner of the agency.

The lawmakers said sober homes – which give people a place to find housing, support from their peers and other services – are an “essential” way to support people who are recovering from drug and alcohol addiction.

But that doesn’t mean they are free of local zoning rules, they added.

The lawmakers wrote:

“The operation of sober residences in violation of local zoning laws has become a critical issue affecting communities throughout our state. It is essential that while we support individuals in their recovery from addiction, we also ensure that such facilities adhere to zoning regulations designed to protect our neighborhoods.

“Recent events have highlighted a serious concern regarding a residence at 25 Dodd Road in West Caldwell. The owners were found to be operating a sober residence and boarding house without the necessary zoning approvals. We understand and share the frustration of our residents, who have been adversely affected by this facility, and we are outraged that the department’s actions have only worsened the problems.

“Throughout this process, your department has consistently stated that its role is limited to licensing and that zoning disputes are solely a local matter since August 2, 2023. Therefore, your department's sudden intervention in West Caldwell's ongoing litigation and appeals that began in superior court on January 5, 2024 with the sober residence owner is both unexpected and disruptive for the town and its residents.

“Despite rulings from three separate judges mandating these violations be rectified, your department issued a license for the operation without confirming the owner’s compliance with the law. This oversight has led to significant problems, including the presence of drug paraphernalia, assault weapons and sex workers onto the property, negatively affecting the surrounding community.

“By providing a license to operate without ensuring adherence to zoning laws, the department has suggested that such regulations are not applicable to these facilities. This situation has left West Caldwell and similar towns with limited options to address and rectify these violations effectively and provided the owners of this residence with the wrong belief they are above the law.

“Furthermore, the issues of unethical practices, fraud and corruption within the addiction industry, as highlighted by a recent report from the State Commission on Investigation, must be addressed. Providing a license to operators who do not comply with local zoning laws undermines community safety and allows problematic actors to persist to take advantage of some of the most vulnerable.

“We strongly urge you to step aside and allow West Caldwell to manage its local zoning matters independent of state interference.”

Patch reached out to the NJDCA seeking comment about the legislators’ letter and 25 Dodd Road. We will update this article with any reply we receive.

New Jersey’s 40th Legislative District includes the following municipalities:

• Essex County – Caldwell, Essex Fells, Fairfield, North Caldwell, Verona and West Caldwell
• Bergen County – Franklin Lakes, Ridgewood and Wyckoff
• Passaic County – Hawthorne, Little Falls, Totowa, Wayne and Woodland Park

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