Morris Co. Town Sued Over Sober Living Home Zoning Ordinances

MORRIS COUNTY, NJ — A sober living home provider is suing the town of Randolph, claiming it's discriminating against disabled people via zoning ordinances.

Randolph Township is facing a civil action filed by Summit Recovery Residences, LLC, which says the township discriminated against disabled individuals through its zoning ordinance and its efforts to enforce it against two sober living homes.

The complaint seeks declaratory relief and temporary, preliminary, and permanent injunctive relief under the Fair Housing Act, the Americans with Disabilities Act, and the Equal Protection Clause of the Fourteenth Amendment.

According to the complaint, Summit operates two Cooperative Sober Living Residences in Randolph, each housing up to 10 disabled individuals, at properties zoned for single-family residential use. The homes are located on Highview Terrace and Wilkeshire Boulevard.

According to the suit, each of the units has been designated as Cooperative Sober Living Residences for occupancy by 10 residents plus staff by the NJ Department of Community Affairs.

The filing says those properties have been used as sober living residences since as early as 2022. It also says that after the first home began operating, the township amended its zoning ordinance to prohibit Cooperative Sober Living Residences in the single-family residential zones where the homes are located.

The complaint states that Randolph is opposing Summit's request for an accommodation in the form of a use variance under the New Jersey Municipal Land Use Law. It adds that the township has brought proceedings in municipal court alleging violations of the zoning ordinance. Those matters are expected to be heard during an April 9 meeting.

In the filing, Summit says the township is seeking an order to close the homes and remove the residents while Summit continues to pursue zoning relief through the zoning board. The suit describes the residents as handicapped individuals and says the township's actions amount to discrimination on the basis of disability.

The filing states: "Plaintiff and the residents of its CSLRs will be irreparably injured if Summit is required to close its homes and relocate the residents in violation of the FHA, the ADA, and the Equal Protection Clause of the Fourteenth Amendment."

Summit is asking the court to block enforcement of the ordinance against the two homes while the case moves forward. The municipal court proceedings and Summit's zoning application are the next steps referenced in the complaint.

"There is a significant shortage of structured sober housing options in the Morris County area, particularly those that operate at the affordability level Summit provides," the claim reads. "Demand for sober living housing from individuals completing treatment programs consistently exceeds the
available beds in the region."

According to the suit, between 1,500 and 1,700 residents of Morris County were admitted to alcohol and/or drug
rehabilitation facilities in 2023 and 2024, including more than 40 each year from Randolph.

Along with court orders to block the township from shutting down the homes, Summit is seeking attorneys’ fees, among other relief.