THANK YOU for helping us reach our goal for Phase 1 of this effort! We are grateful to each of you. We are now working toward reaching our Phase 2 fundraising goal and need your help so that we can continue fighting for our community! See more details below about each phase.
Our Goals:
The short-term goal of this initiative is to challenge the placement of a large high-intensity drug rehabilitation facility in the middle of a residential neighborhood in Brookeville. This type of large scale commercial operation is incompatible with residential zoning.
Our long-term goals are to amend the county zoning regulation to close a loophole that allows corporations and private equity to purchase an unlimited amount of adjacent residential homes and operate them as a large, institutionalized facility for a large profit. We also aim to advocate for more accountability and oversight of the rehabilitation industry by the state of Maryland to protect patients and ensure that they are receiving responsible, accountable, and effective treatment. Please visit our website here (regulatebigrehab.org) to learn more about our goals.
Who We Are:
We are a grassroots organization composed of Montgomery County neighbors. Our work is powered by community volunteers who are passionate about fighting for what is right. Our team includes professionals, retired neighbors, and community leaders. Our efforts are exclusively funded by small donations from community members. We are not affiliated with any political party, religious group, or corporate interest. You can contact us via our website.
What's Happening:
A for-profit, out-of-state company has purchased three adjacent properties - two single-family homes and a plot of land - in a residential neighborhood in Brookeville, MD. The county is allowing them to open a large business for 16 patients - a 3.5 Level Drug Rehabilitation Facility* - on these properties. Zoning regulations allow residential care facilities with up to 8 patients to operate in residential neighborhoods. Larger facilities need to undergo a special permitting process that requires community input. Montgomery County’s lax interpretation of zoning regulations allows companies to bypass this requirement by using two adjacent single family homes to operate as a single large business for 16 patients under the guise of two separate small facilities.
Why It Matters:
Montgomery County is allowing companies to use a loophole in the zoning code to purchase an unlimited number of adjacent residential properties to operate a large for-profit business. For example, a similar facility started with one property in Derwood and now operates a 48-bed rehab facility across 5 residential properties on a neighborhood cul-de-sac. As a result, this could happen in any neighborhood in MoCo.
Fundraising Phases:
- The initial funds raised in Phase 1 - $3,670 - were used to engage legal services. Our lawyer researched and validated the case we proposed; researched and answered several rounds of legal questions; met with neighbors to present and discuss legal options; and drafted and sent an official Cease and Desist letter to the facility. As a result we have a much better idea about how to move forward with next steps legally.
- So now, we hope to move forward with Phase 2 of our efforts. Our goal is to raise another $5,000 to retain a new, specialized lawyer. He has an impressive record, specifically in defending communities against companies in relation to zoning issues. He is local to the state of Maryland and is willing and able to work with us. Funds raised in Phase 2 will be used to retain this lawyer and challenge the permitting of this clustered rehab facility at the county level and its licensing at the state level. Our updated goal in GoFundMe is $9,000 to reflect the need for the additional $5,000.
Why Continue Fundraising and Legal Efforts?:
In our extensive research and communication with elected and appointed leaders, experts in the rehabilitation field, legal professionals, community organizations, and more - we continue to be told the only way to accomplish our goals moving forward is by engaging an attorney and addressing the issue on a legal front. This is our best, if not only, shot at reaching our goals.
Do We Even Have a Shot?:
Yes! In similar cases in Virginia and California, the courts and local representatives have determined that this type of multi-property residential care operation is incompatible with residential zoning. A recent Court ruling stated that the clustering of such facilities is INcompatible with the Fair Housing Act.
What does Success Look Like?:
Short-term goal
1) Effectively challenge the county's zoning determination and state licensing of the clustered Brookeville facility due to violating the intention of the zoning code, which requires a special permitting process with community input for facilities for more than 8 patients.
Long-term goals
2) Lobbying the County Council to pass Zoning Text Amendments that prevent corporate clustering in residential neighborhoods. This would also ensure that existing facilities do not continue to expand without a proper evaluation of zoning impacts and effects of clustering on patients.
3) Lobbying State representatives to strengthen the regulatory framework over the operation of the addiction treatment industry in Maryland. We believe that patient and community wellbeing are two sides of the same coin, and access to safe, effective and transparent treatment practices should be guaranteed for all Marylanders.
-----------------------------------------------------------------------------
*American Society of Addiction Medicine, 2024, ASAM Criteria Fourth Edition Assessment Guides, https://www.asam.org/asam-criteria/implementation-tools/Criteria-assessment-guides