A legal battle is underway in Farmington, New Mexico, as the city presents enforcement actions against Oxford House, Inc. (OHI), a supportive housing facility for individuals recovering from substance abuse. The sober house is being represented by law firm Relman Colfax, whose lawyers argue that the city’s actions are a violation of the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA).

“There are people who just have a negative stereotype about individuals who are recovering from substance abuse disorders, and just sort of viscerally oppose having an Oxford House in their communities because of just that stereotype and their misunderstandings of who the people are and what sort of influence they may have in their community,” said attorney Reed Colfax. “So it’s a biased prejudice against people recovering from substance abuse disorders.”

The lawsuit was filed in federal court on July 26. Oxford House, a network that has established nearly 4,000 recovery homes nationwide since 1975, opened as a non-treatment, self-supported residence aimed at supporting individuals recovering from substance use disorders.

Oxford House was established as an alternative to traditional halfway houses. The model was developed after the founders, who were living in a Montgomery County, Maryland, halfway house, observed that individuals often relapsed after being required to leave after six months. The founders decided to lease a house themselves, creating a new recovery model where residents could stay as long as they maintained sobriety and contributed fairly to household expenses. The core principles of Oxford House include democratic self-governance, financial self-support, and a commitment to maintaining a drug-free environment. 

According to the complaint, OHI opened Oxford House-Four Corners in Farmington on March 1, 2024, in agreement with the Behavioral Health Services Division of the New Mexico Human Services Department. According to Farmington’s city attorney, the agreement was with the state of New Mexico, not the city of Farmington. When asked to comment on the existence of the contract, the city attorney declined to comment. Problems began a few weeks later when the city of Farmington filed enforcement actions against the sober living facility. 

In a written statement sent to Prism, the Farmington city attorney said, “The city of Farmington is lawfully enforcing the ordinances within the city of Farmington. The city has request[ed] Oxford House apply for a special use permit as required under our zoning ordinances, and Oxford House has refused to do so. We look forward to arguing our case in front of the judge and explaining the lack of compliance by Oxford House.”

Initially, the city filed a civil complaint asserting that OHI was in violation of the city’s zoning code in state court. According to Colfax, partner at Relman Colfax, who has represented OHI in similar cases across the country, the city asked the judge to determine whether the home needed to have a special use permit to operate. After Colfax filed its case, the city requested that the judge wait on deciding its case until the federal lawsuit is resolved. 

The city has also filed a criminal complaint against one of the individuals, who at the time was an employee of Oxford House and helped with the initial setup of the home. The former employee is being charged with a failure to comply with the unified development code (zoning restrictions related to group care facilities). Colfax said he believed the criminal charges might eventually be dismissed, especially since the individual no longer works for Oxford House. The federal case, which Colfax and his team are now handling, is crucial. 

“Today we’re expecting the city’s initial response to our federal complaint,” he said in an interview on Aug. 20. “They might file a motion to dismiss or simply answer our allegations … [Either way,] the litigation process could take a year or more.”

According to the city’s filed response, it denied a majority of the allegations. According to Oxford House general counsel Steven Polin, the next steps will involve a scheduling conference and discovery process. Polin emphasized that Oxford House remains committed to fighting for their rights under the Fair Housing Act, with the goal of securing fair treatment and continued support for their residents. Polin, who lived in an Oxford House in the ’80s for three years, said they are crucial to a community’s recovery.

“The relationship among the residents and the bonds that were formed were akin to that of a nuclear family,” said Polin. “And we realized that this bonding process was instrumental in the recovery process … I lived in an Oxford house for three and a half years back in the late ’80s, and nearly 40 years later, I’m still sober.”

According to Colfax, the federal case is more than a legal confrontation; it is a critical test of the nation’s commitment to fair housing rights. The lawsuit shines a spotlight on the persistent stigma faced by individuals with substance use disorders and underscores the need for inclusive community support. The outcome of this case could set a precedent for the treatment of individuals with disabilities in housing across the U.S.

“Having a home that’s local, where people can be by their families or friends or community support systems and so forth, is critical, rather than having to uproot and move to another state,” Colfax said, noting that such resources are scarce in Farmington.

As the case progresses, Colfax hopes the city will cease its enforcement actions and allow the home to operate without further interference. Currently, the Oxford House in Farmington houses 10 residents. The hope is that the home will remain open and continue to provide its crucial services throughout the legal process.

“Having this enforcement action by the city hanging over their heads, it just creates a certain instability for the residents of the home, not really knowing what’s going to happen next,” he remarked. “Ideally, the city will recognize that Oxford House is entitled to operate and will withdraw any enforcement actions.”