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Department of Behavioral Health and Developmental Services
 
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State Board of Behavioral Health and Developmental Services
 
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9/24/26  6:30 pm
Commenter: Nancy K. Willson, MSW, MIBS, board member Livin' It

Proposed Regulations for Certified Recovery Residences (12VAC35-260), drafted under Va. Code ยง 37.2-
 
I am writing to express grave concerns regarding the current draft of recovery residence regulations released by the SB270/HB931 Recovery Residences Workgroup on behalf of the State Board of Behavioral Health and Developmental Services (the Board). These rules threaten to dismantle Virginia’s largest and most effective and affordable network of peer-led recovery housing: Oxford House. This model model is recognized by SAMSHA as an evidence-based model and two decades of scholarly research supports its efficacy. The model gives individuals seeking recovery the dignity of self-sufficiency. 
 
Treating a democratically run, self-supporting family of individuals in recovery as a commercial business entity fundamentally misunderstands the Oxford House model.  Oxford Houses are under the umbrella of the national organization and must follow its charter. This is non-profit, 501 (c) (3) organization.  The draft rules erroneously assume that all recovery houses are managed by centralized corporate or private operators, employees, or landlords. Lumping Oxford Houses together with commercial operators is a huge mistake that will result in a public health crisis if these beds are lost.   Individuals intent on recovery will be denied a stable, affordable,  family-like abstinent, drug-free home essential to long term recovery. As noted by advocates in previous legislative sessions, without this statewide network, "more Virginians will remain in addiction and die" and many will return to use and become homeless, a far more expensive non-solution for Virginia citizens. 
 
The Board must carve out exemptions for Charter Houses consistent with existing Virginia law Va. Code § 37.2-431.1(B).
 
Two unique benefits to the Oxford House model are offered for your consideration: 
 
1) Proven Outcomes with longer stays. There is no limit on the length of stay as long as the resident abides by the rules.  Research indicates that stays of six months or longer increase the individual's success in society by making more money, maintaining sobriety, increasing their network of sober contacts, and positively impacting their local community. Other models have rigid rules on maximum stays with stays for a much shorter period of time. Other models cap the number of days a person can stay. The average length of stay at an Oxford House is 10 months.
 
2) Most Affordable. Oxford Houses operate on a self-run, cost-sharing model that does not employ staff, it has no administrative overhead, there is no profit. The Oxford model is significantly cheaper than commercial alternatives. Oxford House residents pay only their Equal Expense Share (EES) of real household expenses, resulting in monthly fees that are often half the price of commercial sober living facilities. Across Virginia, this financial advantage translates to standard Oxford House resident paying $100 to $200 per week , whereas commercial or premium sober living homes in the state—which must account for property investments, staff salaries, and specialized amenities—can cost up to double or triple that amount (Source: https://soberlivingapp.com/blog/oxford-house-vs-traditional-sober-living-comparison). 
 
Existing Law recognizes Oxford House as a "Unique, Unstaffed Entity" certified by the National organization.
 
Under Va. Code § 37.2-431.1(C), certification is mandatory for any home operating or representing itself as a recovery residence. However, the draft regulations treat "the applicant" or "the operator" as a centralized business entity or landlord with administrative staff capable of submitting corporate reports, navigating localized bureaucratic inspections, and designating a corporate compliance officer.
Because an Oxford House is entirely unstaffed and self-governed by the residents themselves, there is no corporate "operator" or "landlord" on-site. Forcing these homes to comply with strict operational mandates written for staffed, commercial facilities under 12VAC35-260 will create a structural impossibility, leading to an automatic failure to meet compliance standards and resulting in widespread decertification under 12VAC35-260-130 (Disciplinary Actions).
 
The draft regulations directly conflict with Virginia law which explicitly recognizes Oxford Houses as "Unique, Unstaffed Entities". The General Assembly distinguishes and separates unstaffed, peer-led models from commercial facilities. Under Va. Code § 37.2-431.1(B), the law dictates that if the credentialing entity is Oxford House, Inc., the residence must simply disclose that it is "self-governed and unstaffed".

New or revised regulations must mirror this statutory distinction. Rule makers should not implement burdensome administrative metrics—such as requiring a designated external "responsible person" or "operator" to oversee corrective actions—onto houses that the Code of Virginia explicitly recognizes as having no staff.

Furthermore,  forcing commercial administrative burdens onto these houses translates directly into increased financial overhead, which will price out the very low-income individuals who rely on this affordable model to survive. Under the Oxford House Charter, residents pay an equal share of household expenses (rent, utilities, groceries) directly. There are no paid "resident counselors" or external owners generating a profit off of the residents' beds. 

This comment asks that the Board reconsider it draft regulations and carve out an exemption for Virginia Oxford houses in light of the affordable, life-affirming dignity this model provides our most vulnerable citizens who are working hard to become sober, law abiding, productive members of society leading fulfilling lives. Maintaining the Oxford house model costs the State very little, if anything, for a huge positive impact on real lives and enhances the fabric of Virginia society for everybody. 

 
 
CommentID: 241789