West Virginia 2025 Regular Session

West Virginia Senate Bill SB74

Introduced
2/12/25  

Caption

Creating pilot program for recovery residences in Cabell County

Impact

If enacted, SB74 will provide a structured approach to handling cases involving recovery residences, emphasizing the need for due process when discharging residents for reasons not explicitly outlined in the bill. It obligates recovery residences to report information on discharges to the Department of Human Services and includes a mandatory refund process for residents who are discharged before their rental period expires. This legislation aims to strike a balance between maintaining the integrity of recovery programs and protecting the rights of individuals residing in these facilities.

Summary

Senate Bill 74 proposes a pilot program in Cabell County, aimed at addressing the unique aspects of recovery residences within the framework of landlord-tenant law. The bill amends existing legislation to establish clearer guidelines for residents of recovery residences, particularly regarding the circumstances under which a resident can be immediately discharged from the program. It defines important terms such as 'recovery residence' and 'resident', and sets forth the rights of residents including due process protections, particularly in instances of discharge that do not stem from specific prohibited behaviors.

Sentiment

The sentiment around SB74 appears to be generally supportive, particularly from groups advocating for the rights of individuals in recovery residences. Proponents argue that the bill provides necessary protections and clarity for both residents and recovery residence operators. However, there may be concerns regarding the implementation of these guidelines and whether they adequately address the complexities of recovery programs, potentially leading to discussions about the adequacy of tenant protections versus the operational needs of recovery residences.

Contention

Notable points of contention surrounding SB74 include the potential impact on the rights of residents, particularly regarding their protections under existing fair housing laws. Critics may argue that while the bill strengthens certain protections, it does not go far enough in ensuring that recovery residents are treated equitably and with respect to their rights as tenants. The pilot program's effectiveness and the subsequent evaluation report due in 2025 will be crucial in determining if the bill adequately addresses these challenges and informs future policy adjustments.

Companion Bills

No companion bills found.

Previously Filed As

WV SB147

Creating pilot program for recovery residences in Cabell County

WV SB165

Creating pilot program for recovery residences in Cabell County

WV SB475

Relating to recovery residences

WV SB301

Clarifying that tenancy includes persons who reside in sober living home

WV SB8

Clarifying that tenancy includes persons who reside in sober living home

WV HB5239

Require all recovery residences to be registered with the state

WV HB2099

Allowing a tenant to recover deposits in full if a landlord has failed any Dwelling Unit Inspections

WV HB5333

Relating to landlord and tenant

WV SB491

Relating to recovery residence certification and compliance

WV HB2543

Develop a licensure process for recovery residences or other residential settings that present as a location where substance use disorder recovery can be facilitated

Similar Bills

WV SB590

Clarifying that tenancy includes persons who reside in sober living home

WV SB165

Creating pilot program for recovery residences in Cabell County

WV SB147

Creating pilot program for recovery residences in Cabell County

WV HB4087

Allowing variance in state fire code for certain buildings used solely for emergency equipment storage

WV SB582

Creating WV Workforce Resiliency Act

WV HB2635

Repealing antiquated provisions relating to gaming activities

WV HB4425

Require separate proof licensure for every recovery residence owned or operated by an individual or entity in West Virginia

VA SB1365

Materials recovery facilities; local regulation.