NEW HANOVER COUNTY — The City of Wilmington’s longest-running Oxford House, Smith Creek Oxford House is being forced to close its doors thanks to the widening of Kerr Avenue.
In response to the taking of the property by the North Carolina Department of Transportation, the operators of the house are hoping to move the operation to Kings Grant, but there is a slight problem, county code does not allow more than six residents in a group home — the Oxford House would have eight.
So what is an Oxford House?
According to the organization’s website, “Oxford House is a concept in recovery from drug and alcohol addiction. In its simplest form, an Oxford House describes a democratically run, self-supporting and drug free home.”
In New Hanover County, Oxford Homes are considered ‘group homes’ and residents are considered ‘disabled people.’
Oxford Houses have a history of operating in the country as well as the state, with more than 250 in North Carolina.
The homes have largely been funded by the Federal Anti Drug Abuse Act of 1988, a law that required states to set aside funding for “…recovering addicts and alcoholics to assist in the establishment of housing that is financially self-supported, democratically run, and immediately expels anyone who relapses,” according to the application for the exemption.
“Since 1990, the State of North Carolina through the Department of Health and Human Services has entered into annual contracts with Oxford House, Inc., the umbrella organization of the national network of Oxford Houses, to help establish and assist in the maintenance of a statewide network of Oxford Houses,” the request states.
The property is located at 5014 Richardson Drive in the Kings Grant area, the county’s Zoning Board of Adjustment will hear from the applicant on Oct. 22, 5:30 p.m. at the New Hanover County Government Center.
Since the request is quasi-judicial, it is open to the public but anyone wishing to speak on the topic must be sworn in to provide evidence — they also must have standing (i.e. they must be able to prove they will be directly affected by the project).
Not a halfway house
Interestingly enough, Oxford House by-laws forbid it or any of the chartered homes to own property meaning the homes must be rented.
“A group wanting to start an Oxford House behaves in the household rental market just like an ordinary family. It finds an available, suitable house and rents it by paying the first month’s rent and security deposit to a willing landlord. Usually, these funds come from the above-referenced start-up loans. Oxford House residents are encouraged to rent single-family dwellings in good neighborhoods,” according to the application.
It might sound like an Oxford House is a halfway house, but according to the application, it is not.
“Oxford Houses are not substance abuse centers or halfway houses. No treatment, counseling, therapy, or any kind of health care is provided. There is no house manager, paid staff, or other type of institutional personnel involved in the supervision or management of the house. All decisions relating to the functioning of the house are made democratically. Each house manages its own finances. There is no required random testing for alcohol or drug use, nor are there any required rules relating to curfews. In an Oxford House residents live there by choice,” according to the application.
This does differ from most traditional halfway houses that require drug testing and have staff members.
The applicant argues that house residents are equivalent to a family since all residents have equal access to the entire house, they are all involved in housekeeping and finances, take care of their own food and cooking, and maintain an emotional relationship with one another.
The exemption
Since residents are considered ‘disabled people’ under county ordinances they are considered a protected class under the Fair Housing Act.
“As members of a protected class under the FHA, Oxford Houses are protected against discriminatory zoning practices. As such, the issue of whether an Oxford House is in violation of local zoning ordinances is not relevant to the question of federal law,” the application states.
There are several court cases referenced in the application citing precedence for this argument. But there is another side of the request that is much more observable and impactful if the request is not granted — the potential relapse of current residents.
“Without the requested accommodation the house would close as noted above. Closing of the house cause some residents to relapse, with potentially fatal consequences as noted above. Additionally, finding another house to rent to potentially relocate the Oxford House would be extremely difficult. Finding landlords willing to rent to Oxford House is difficult because often stigma of alcoholism and drug addiction, the fear of zoning problems, neighbor ignorance and opposition, and finally because Oxford House requires long-term leases into which many landlords simply will not often enter,” the request reads.
Neighbors’ response
The county did send a notice to residents within a certain proximity of the house which has made its way to the social media application Nextdoor. One post wrongly identifies the house as a proposed ‘halfway house,’ and the neighbor’s reactions are split.
Some voiced concerns about the number of cars in one driveway (assuming each resident has a car, that would be eight vehicles), but overall, responses were neutral towards the request. Some were in favor of allowing the variance and even defended the use in the neighborhood.
Port City Daily did reach out to the applicant’s lawyer who said he was unable to offer any sort of comment on the application but would be at the meeting next week.
According to county spokeswoman Jessica Loeper, staff is working to finish its staff report and it will be available online by the end of this week.
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