CGNA's concerns about Fresh and Sober Living rental maybe a moot point

Concerned about a possible new tenant moving into 530 N. Marshfield, the Chicago Grand Neighbors Association (CGNA) and 1st Ward Alderman Proco "Joe" Moreno held a special meeting on Wed., Oct. 16, at which four people representing A Fresh and Sober - Sober Living Environment (AFS) attended.

On Fri., Oct. 18, at the Zoning Board of Appeals (ZBA), AFS withdrew multiple applications for zoning variances of facilities in Alderman Scott Waguespack's 32nd Ward and Richard Mell's 33rd Ward. 

A Fresh and Sober - Sober Living Environment
AFS has put facilities in Chicago without special licensing or a zoning variation which governs property usage. According to the Chicago AFS website, they "provide men and women with a non-institutional aftercare environment with everything a modern day home provides. 

"They are homes just like any other, having rules, structure and support. They are a temporary living arrangement for one to get their life back on track, places one goes for guidance, learning how to stay clean while slowly transitioning back to every day life. They are places where one becomes aware of the simple things in life." 

The organization is a for-profit company that charges their residents between $150 and $250 a week to stay in one of their locations. 

"Their mission is noble but they did not reach out to the alderman's office or the community. Furthermore they have 7 facilities in other wards where they have done the same thing," says Moreno. "I am for residential programs, we just supported two in the Ward. But, they followed the rules and have proper licensing."

CGNA meeting
At the CGNA meeting, two of the four AFS representatives spoke and answered questions in a group of about 30. Lenny Goldfarb, who identified himself as the owner, and Juan Hernandez, who identified himself and the Executive Director. The audience consisted of CGNA residents as well as people who live close to other AFS locations. 

While both Goldfarb and Hernandez spoke of how much good their locations do for people and what good neighbors they are, neighbors at other facilities disagreed.  When asked why they did not get the proper licensing or variations, they indicated that they were a family environment and didn't need to have any special licensing or variations. "Would you call the Alderman if you were moving into a new apartment," one AFS representative asked. 

Issues
There are two entities who have jurisdiction over residential programs in the City of Chicago. One is the City and the other the State. 

Going out of its way to provide for the operation of such facilities, the City's jurisdiction is relative to zoning. In order to have a residential program in the City, the providers must obtain a special use permit  from the ZBA. 

AFS told the State they only provide housing not services, thus falling under the classification of a transitional residence. Their website says that they do, therefore they would fall under a group home. Which ever, they fall under the State licensing regulations for a Recovery House. 

AFS claims that they are providing family environment and they are legal under the Americans with Disabilities Act and the Fair Housing Act. 

In fact, the 32nd Ward reached out to AFS' local attorneys saying that since many of their residents were in a fragile condition, they would hold off for 60 days on pursing a cease and desist order. The response was from AFS' Washington, D.C. attorneys which was that they did not fall under any laws for such facilities. 

Zoning Board of Appeals
Though AFS is not in the Marshfield location, they have been at 2147 W. Belmont Ave., which they also list as their office and 6 other locations.  In City Council Chambers on Friday, several residents from the 32nd Ward and a few from the 1st and 33rd Wards were present to speak. There interest was to discourage ZBA from approving four applications for zoning variations at 3804 N. Mozart St., 2334 W. Diversey Ave. and 2128 N. Winchester Ave. 

Prior to the beginning of the proceedings, Paul Sajovec, Chief of Staff for Waguespack, learned that all three applications were withdrawn. He described the situation to the gathering of interested parties outside the City Council Chambers. 

Illinois Department of Alcohol and Substance Abuse
The 32nd Ward called the Illinois Department of Alcohol and Substance Abuse (IDASA) about the AFS facilities. IDASA contact AFS and were told that they did not provide services. Sajovec suggested that they dig a little deeper, since they were giving different operational information to different people and regardless of whether they do or do not provide services, the are still a "Recovery House." 

IDASA called AFS and said they wanted to inspect a facility. AFS had them inspect the Belmont Ave. location. After making the inspection, the IDASA Auditor (inspector) is recommending that a cease and desist order be issued as they are a "Recovery House" and in need of a State License for operating such a facility, according to Sajovec. 

"IDSAS may not need to inspect all the facilities based on what they found in the Belmont location, in order to issue a cease and desist on the other properties, said Sajovec. 

Now what?
Residents asked Sajovec if the City could also pursue "closing them down." "They could, but  they have been reluctant to do that in the past for these facilities.  

"But, it is our job [Wards] to try to get the city to get a cease and desist order on the City level." 

That means that each facility would need to apply for a special use permit. The properties for which AFS entered an application to ZBA, but then withdrew, may not be resubmitted for 12 months.

Special thanks to Jim Angrabright for helping with this article.