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Two days after Ben Cole and Mark Brohman testified at a Lincoln-Lancaster County Planning Commission meeting to oppose a sober living home in their neighborhood, they were at the Legislature telling the same story to state senators.
They told the Judiciary Committee about the the lack of parking for residents, how neighbors’ calls to the city prompted an inspection of the house that found numerous fire and safety violations. They said scared residents just released from prison were dropped off with no one to meet them, no direction about where to go or what to do.
“Eight of (the residents) have complained that there’s no supervision in that house,” Cole said. “We want people that want to try, that want to get ahead, but our system is failing.”
Suffice it to say the debate over such sober living homes is not over for the city – or the state.
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The state’s interest is in transitional or re-entry housing – places the state pays to house people recently released from prison or on parole while they transition back into society.
The size, condition and supervision provided by such homes – run by both nonprofit and for-profit groups – varies greatly. State probation, parole or the corrections department pays the owners through a voucher system for each individual placement.
That means there’s often little oversight, and no clear, consistent process to resolve issues once they arise, said Zach Pluhacek, assistant inspector general of corrections.
While some facilities offer significant programming and staffing, pass annual inspections and are insured, others are not.
Kasey Parker, executive director of the Mental Health Association of Nebraska, told the legislative committee that once word got out the state was paying $65 a day for residents — others said it can be up to $90 a day — some for-profit groups began buying four- and five-bedroom homes and “stacking” up to 12 people in one house.
“This is not a safe environment,” she said. “It’s not conducive to recovery. It’s not trauma-informed and it’s exploiting people who often are just grateful for a place to stay.”
Sen. Mike McDonnell’s bill (LB334) tries to address that by establishing the Reentry Housing Network Act through the Nebraska Commission on Law Enforcement and Criminal Justice, commonly known as the Nebraska Crime Commission.
The act would create baseline health and safety standards for such homes and require inspections, track program use, outcomes and expenses and allow for a single point of contact for both residents, the owners of such homes or neighbors to lodge complaints and get questions answered.
And it would have implications for some of the sober living homes that have begun popping up in Lincoln – and creating a significant amount of controversy.
City Hall: Oxford House debate shines a light on city zoning ordinances
City Council narrowly approves ‘reasonable accommodation’ for Near South sober-living house
The Michael House at 27th and Washington streets, near where Cole and Brohman live, accepts placements by the state, which means they’d be subject to rules created by McDonnell’s bill. Sober living homes that don’t receive state money for their residents would not.
In Lincoln, the issue arose last summer, when – despite opposition from neighbors – the planning commission and City Council approved “reasonable accommodations” for three sober living houses – two of which were owned by MAK Development in Omaha, which operates as Michael House. The other was an Oxford House, which is operated by a national organization for a network of democratically run, self-supporting homes for those in recovery.
The city has an ordinance that prohibits more than three unrelated people from living together in one residence, but the Oxford and Michael houses have sought – and received – an exception for disabled people under the federal Fair Housing Act, which says cities cannot discriminate against people with disabilities. Courts have ruled that includes people in recovery.
After the debates last summer, council members Sändra Washington and Jane Raybould (who is now a state senator) asked the city attorney’s office to research the issue.
The city already has ordinances that govern transitional housing and group homes, but the sober living houses don’t fall under those rules, in part because they don’t provide therapy or counseling services to residents.
Washington said she wanted to learn if there was a way to provide some oversight to sober living or collaborative living homes. Her biggest concerns, she said, are the safety of residents living in the homes as well as parking in the neighborhoods and how close such houses can be to each other.
That could mean creating an ordinance that requires annual inspections or perhaps some parameters about how many people can live in one house, though Washington said they’re not to the point of crafting any legislation yet.
And if McDonnell’s bill goes anywhere, it could also help in some cases.
But neither LB334 or new legislation by the city will be ready before the City Council must deal with the Michael House at 27th and Washington streets, which concerned the planning commission enough that it recommended denial.
Lincoln residents show support for sober living house
Planners say no to request for 12 people in Lincoln sober living house
Top Journal Star photos for January 2023

Nebraska Supreme Court Chief Justice Michael Heavican (left) swears in the new senators for 2023, on Wednesday, Jan. 4, 2023, at Nebraska State Capitol in Lincoln.

Sen. John Fredrickson shows his son, Leon, the inside of the west wing on the first day of the 2023 Legislature on Wednesday, Jan. 4, 2023, at the Nebraska State Capitol in Lincoln.

Kristina Konecko, an administrative aide for Sen. Mike Jacobson of North Platte, boxes up items at his old desk Tuesday at the Capitol. The new session begins Wednesday.

Gov. Jim Pillen shakes hands with Senator Tony Vargas after the inauguration ceremony for the governor on Thursday, Jan. 5, 2023, at Nebraska State Capitol in Lincoln.

A camera flash illuminates the newly elected Gov. Jim Pillen (center left) as he is escorted through the rotunda to the West Chamber to be sworn in on Thursday at Capitol in Lincoln.

Milford’s Izzy Yeackley (left) grabs a rebound in front of Malcolm’s Emma Brown on Thursday in Malcolm.

Tell Hanes (left) of the Waverly Fire Department and Southeast Rural Fire’s Trey Wayne jump over freezing water to high-five while practicing surface ice rescues Friday at Holmes Lake. “We try to run these trainings for both our students and local first responders to make sure they are ready in case anything real happens,” said Andrew Saunders, of the International Rescue and Relief program at Union College.

Lincoln Southeast’s Kaitlyn Freudenberg (from left) tries to hold onto the ball against Lincoln Southwest’s Brinly Christensen and Aniya Seymore on Friday at Lincoln Southwest.

Nebraska’s Kendall Moriarty does push-ups as her teammates cheer after the Huskers beat Penn State on Wednesday at Pinnacle Bank Arena.

Nebraska’s Brock Hardy (right) wrestles Minnesota’s Jakob Bergeland in the 141-pound match, Friday, Jan. 13, 2023, at the Devaney Center.

Ali Al-Mohammed, 17, kicks a soccer ball after school on Tuesday in front of Park Middle School. Renovations at Park that were part of the 2020 bond issue included a new cafeteria space.

Parkview Christian’s Isabella Minatti (middle, right) is fouled against Johnson-Brock during a MUDECAS Tournament semifinal game Thursday at Beatrice Auditorium.

Nebraska’s Emmanuel Bandoumel makes a dunk against Illinois’ Matthew Mayer on Tuesday at Pinnacle Bank Arena.

Nebraska’s Derrick Walker is introduced before the Illnois game, Tuesday, Jan. 10, 2023, at Pinnacle Bank Arena.

A truck passes over an icy Platte River along U.S. 6 on Friday near Ashland. Friday’s temperature failed to get above freezing, but the forecast for Saturday and Sunday is much better, with temperatures in the high 40s and low 50s before precipitation chances Sunday night and Monday.

A pair of ice skaters journey across a frozen Holmes Lake at sunset on Friday, Jan. 13, 2023, in Lincoln. As winter continues, weather this week will be consistently in the 40s with a dry weekend.

Ohio State’s Rebeka Mikulášiková collides with Nebraska’s Maddie Krull as they battle for the ball underneath the rim in the third quarter Saturday at Pinnacle Bank Arena.

Kyrie Kelley-Johnson, son of Lincoln High head coach Dominique Kelley-Johnson, tries to keep the attention of the players while the Links stretch before their game Saturday at Lincoln High.

Governor Jim Pillen (center) announces the appointment of former governor Pete Ricketts to Nebraska’s open senate seat, during an announcement on Thursday, Jan. 12, 2023, at Nebraska State Capitol in Lincoln. The vacancy, left open by the departure of Ben Sasse, has been expected to go to Ricketts after his depurate from the governorship last year.

Oscar and Yenifer Contreras, (left to right) both family workers, enjoy some of the food they made before lunch on Wednesday, Jan. 11, 2023, at Restaurante & Bar Sabor Latino in Lincoln.

Parker Moll braves a mix of snow and rain to clear the driveway outside his family’s home on Wednesday.

Ohio State’s Zed Key (left) lays the ball into the basket off of the backboard against Nebraska’s Derrick Walker on Wednesday at Pinnacle Bank Arena.

Nebraska’s Sam Griesel (right) embraces teammate Keisei Tominaga after defeating Ohio State on Wednesday at Pinnacle Bank Arena.

Nebraska’s Isabelle Bourne (left) is blocked at the rim by Maryland’s Gia Cooke on Sunday at Pinnacle Bank Arena.

Lincoln Pius X’s Jackson Kessler (middle, bottom) celebrates after hitting a three-point shot against Lincoln Southwest on Thursday at Pius X High School.

Nebraska’s Allie Gard completes a back hand spring during her routine on the balance beam during their duel against Maryland on Saturday, Jan. 21, 2023, at the Devaney Sports Center.

Lincoln Pius X’s Nate Schauer (left) and Treyson Anderson celebrate after defeating Omaha Skutt on Tuesday at Pius X High School.

Nebraska’s Denim Dawson bites a towel after the Huskers lost to Northwestern on Wednesday at Pinnacle Bank Arena.

Leona Nissen (left) and Mackenzie Derowitsch chat during some one-on-one mentorship time at Lincoln Lutheran on Thursday. The 6-12 school has implemented a new mentor program called Warrior Walk that pairs a middle school student with a high school counterpart.

April and Stormi Mrsny hurtle down the hill on their sled while followed by their dog, Penni, on Monday at Pioneers Park. Chilly temperatures are in the forecast this week ahead of an Arctic air mass that could arrive by the weekend.

Gov. Jim Pillen delivers his State of the State address on Wednesday at the Capitol in Lincoln.

Lincoln High School senior Kristie Trinh was recently selected for the prestigious United States Senate Youth Program.

John Lee (left), an opponent of LB77, open carries his great-great grandfather’s musket outside a Judiciary Committee hearing on Thursday at the Capitol. “This is the only arms that they knew of when they were writing the Constitution,” Lee said. LB77 would remove a requirement that gun owners obtain a permit to be able to carry a concealed weapon.
Reach the writer at 402-473-7226 or mreist@journalstar.com.
On Twitter @LJSreist