Pubdate: Thu, 27 Apr 2006
Source: News-Times, The (Danbury, CT)
Copyright: 2006 The News-Times
Contact:  http://www.newstimes.com/
Details: http://www.mapinc.org/media/637
Author: Marietta Homayonpour, The News-Times

DISPUTE OVER NEW FAIRFIELD RECOVERY CENTER

Attorney Says Cease-And-Desist Order Is Illegal And Discriminatory

NEW FAIRFIELD - Closing a recovery center for former substance 
abusers would be a violation of the federal Fair Housing Act, 
according to a Washington, D.C. attorney.

"They are trying to kick them out of their house," said Steven Polin 
about the recovering addicts who live in Peter Soyak's home on Gillotti Road.

The town issued Soyak a cease-and-desist order April 13.

"It's all illegal," Polin said Wednesday about the order.

On Tuesday, Polin faxed letters to the town's zoning enforcement 
officer and first selectman asking to discuss the matter with them 
and wants the cease and desist order put on hold.

"I am prepared to enjoin the Town's action in federal court," Polin's 
letter stated. "Hopefully, based on the contents of this letter, that 
drastic action will not be necessary."

Soyak, who has four recovering addicts at his house as part of a 
state-run program funded by the federal government, agrees the town 
is discriminating against them.

He says town and school officials' fears because the campus of New 
Fairfield Middle School and High School is near his house are unjustified.

"We're not giving out any airborne diseases," said Soyak about the 
residents who feel his house, a Recovery Living Center, is a "safe" 
place to get well. "Kids are not coming around and you can't even see 
the schools from my house."

Polin said many recovery houses are near schools and the proximity of 
Soyak's house to the schools is not a danger.

But town and school officials disagree. First Selectman John Hodge 
said he is not against having recovery houses for former addicts in 
town but that this location near two schools and sports fields is not 
appropriate.

Hodge is researching whether the site of the recovery house violates 
the federal No Child Left Behind law. That law, says Hodge, 
stipulates that school children are entitled to a safe and drug-free 
environment.

The cease and desist order Soyak received said he violated 
residential zoning regulations by running a home-occupation business 
without permits and with an excessive number of residents.

But Soyak said he had spoken with people in the zoning office last 
year about his plans for the house and he felt there would not be a problem.

When schools superintendent Joseph Castagnola learned about the 
recovery center, he sent out a letter informing students' parents and 
guardians. Though he said, "We need to be compassionate," Castagnola 
questioned the house's location and wrote, "my agenda is to keep the 
kids safe."

Polin, who is Soyak's attorney, hadn't seen the letter but knew about 
its contents. "It's pretty blatant," Polin said and is based "on stereotypes."

Under 1988 amendments to the Federal Fair Housing Act, Polin said, 
recovering drug addicts and alcoholics fall under the definition of 
"handicapped" and have a right "to live in a residence of their 
choice within the community."

But Hodge said Soyak's house "doesn't rise to the definition of a 
group home," because residents pay for their stay individually - 
through state vouchers - rather than as a group, and because they 
have "no say over who is living with them."

Meanwhile, the state Department of Mental Health and Addiction 
Services, which administers the recovery housing program, is 
reviewing operations at the Gillotti Road house because of the town's concerns.

For the next two weeks, the department plans to review the state's 
policies and procedures for the program, and is suspending acceptance 
of new housing applications.

Connecticut has 87 recovery houses in the program.
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MAP posted-by: Beth Wehrman