Zoning Discrimination: Know Your Rights as a Provider

When a city denies your license application, drags out the permitting process, or imposes impossible conditions for opening a treatment facility, it can feel like the end of the road. For many providers, these hurdles aren’t just inconvenient—they can delay expansion, drain resources, and ultimately prevent people in need from accessing care. But here’s the crucial truth: federal law is on your side.

The Fair Housing Act (FHA) makes it unlawful for municipalities to use zoning or land-use policies to isolate or exclude people in recovery. Courts have consistently recognized that individuals with substance use disorders qualify as persons with disabilities under the FHA. This means that local governments cannot simply zone recovery housing or treatment centers out of existence without running afoul of federal protections.

The Americans with Disabilities Act (ADA) reinforces these protections, ensuring equal access to housing, healthcare, and community services. When a zoning ordinance disproportionately restricts facilities serving people with substance use or mental health disorders, it may amount to discrimination under the ADA. Together, the FHA and ADA create a strong framework for providers to challenge unfair zoning practices and defend their right to operate.

At Lynne Legal, we help providers turn these protections into action. Our team works with behavioral health organizations to:

Assert their rights when faced with discriminatory ordinances or arbitrary denials.

File challenges and appeals against local governments that overstep their authority.

Build robust documentation to demonstrate compliance and strengthen legal defenses.

Engage proactively, anticipating zoning issues before they escalate into costly litigation.

Too often, providers accept “no” from a zoning board or city council without realizing that federal law offers a path forward. You don’t have to let local politics or community resistance dictate whether your patients get access to treatment.

Your mission is to deliver compassionate, lifesaving care. At Lynne Legal, our mission is to make sure zoning—and the discrimination it can mask—never stands in your way.