Sober living marketing: the federal rules

A sober living home sits in an unusual spot. It is housing, not treatment, yet federal law names it in the same breath as treatment centers and laboratories. The federal referral statute passed in 2018 defines a “recovery home” as “a shared living environment that is, or purports to be, free from alcohol and illicit drug use and centered on peer support and connection to services that promote sustained recovery from substance use disorders.” The same 2018 law gave the FTC a statute aimed at deceptive practices involving recovery housing, and Google lists sober living environments among the addiction services that need approval before they can be advertised.

This guide is for operators of sober living homes and recovery residences, and for the treatment programs and practices that work with them. It covers referral payments, honest claims, ad platform approval, fair housing wording in listings, resident privacy and crisis information. Rules for clinical treatment programs are covered in our guide to addiction treatment marketing, and the wider federal referral rules are in our guide to patient and physician referrals. We do not repeat them here.

This is general information, not legal or medical advice. Sources cited were checked on October 29, 2026: 18 U.S.C. 220, 15 U.S.C. 45d and its statutory definitions note, 15 U.S.C. 45(a) and (m), 16 CFR 255.2, 42 U.S.C. 290ee-5, 42 U.S.C. 3602(h) and 3604(c), 24 CFR 100.75, 42 CFR 2.11 and 2.12 (current eCFR text), the Google Ads Addiction services and Healthcare and medicines policies, and the SAMHSA 988 page (last updated September 26, 2025). State rules for recovery residences differ and change. Have a health care attorney review your marketing and referral arrangements.

What federal law calls a recovery home

Two federal definitions matter for marketing. Under 18 U.S.C. 220(e)(5), a recovery home is a shared living environment that is, or purports to be, free from alcohol and illicit drug use and centered on peer support and connection to recovery services. The words “or purports to be” mean the definition turns on how a house presents itself, not only on how it runs. A house that markets itself as sober living is described by its own marketing.

The same statute defines a “clinical treatment facility” separately, as a medical setting other than a hospital that provides detoxification, risk reduction, outpatient treatment and care, residential treatment or rehabilitation for substance use, pursuant to licensure or certification under state law. That line is useful for your website. If the house provides housing, peer support and connection to outside services, say so. Do not describe it with treatment words such as detox, residential treatment or rehab unless the house holds the license or certification those services require where it operates.

The second definition comes from the Opioid Addiction Recovery Fraud Prevention Act of 2018, codified at 15 U.S.C. 45d. Its definitions note says a “substance use disorder treatment service” means a service that purports to provide referrals to treatment, treatment, or recovery housing for people with a substance use disorder. Recovery housing is named in that definition, so a sober living operator cannot treat the FTC statute as a rule meant only for clinics.

Paying for residents: the referral statute

18 U.S.C. 220(a) makes it a federal crime, with respect to services covered by a health care benefit program, to knowingly and willfully solicit or receive any remuneration in return for referring a patient or patronage to a recovery home, clinical treatment facility or laboratory. It also covers paying or offering remuneration to induce such a referral, or in exchange for an individual using the services of that recovery home, treatment facility or laboratory. The statute sets fines of up to $200,000, imprisonment of up to 10 years, or both, for each occurrence.

For a sober living home, the statute reaches in more than one direction. A house that pays someone for each new resident is on one side of it. A house that receives money or other value from a treatment program or laboratory in return for sending residents there is on the other. The phrase “in cash or in kind” in subsection (a) means free rent, gift cards, transport, phones or other benefits count as remuneration too, so any benefit tied to where a resident goes for treatment or testing belongs in front of counsel before it starts.

The statute lists exceptions in subsection (b). The one marketing teams meet first is (b)(2), which covers pay to a bona fide employee or independent contractor, but only if the pay is not determined by and does not vary by the number of individuals referred, the number of tests or procedures performed, or the amount billed to or received from the health care benefit program for the individuals referred. Per move-in bonuses for outreach staff, house managers or an outside marketer fall outside that exception on its plain terms.

Two more points from the text. Under subsection (d)(1), the statute does not apply to conduct already prohibited under the federal anti-kickback statute, 42 U.S.C. 1320a-7b, so arrangements involving federal health care programs fall under that statute instead. Under (d)(2), the federal statute does not displace state laws on the same subject. Ask counsel which state rules apply to each house.

Honest claims under the FTC Act and 15 U.S.C. 45d

15 U.S.C. 45(a) declares unfair or deceptive acts or practices in commerce unlawful. 15 U.S.C. 45d adds a specific rule: it is unlawful to engage in an unfair or deceptive act or practice with respect to any substance use disorder treatment service or product, and that definition includes recovery housing. A violation is treated as a violation of a rule under section 18 of the FTC Act, which matters because 15 U.S.C. 45(m)(1)(A) lets the FTC bring a civil action for penalties against a person who violates such a rule with actual knowledge or knowledge fairly implied. For a sober living operator, the practical point is that claims on your website and in ads are measured against a federal statute written with recovery housing in mind.

Claims that deserve a second look before they go live:

Staffing claims, such as round the clock staff or on site clinicians, if the staffing is not in place at every house the claim covers.
Certification, accreditation or license claims you do not hold for the specific house shown.
Statements about cost or payment, such as “insurance covers your stay” or “free housing”, when they are not accurate for the person reading them.
Photos of a house, room or amenity that is not the one a resident would move into.
Treatment words for services the house does not provide, as noted above.
Success rates, sobriety rates or relapse statistics you cannot substantiate and explain.

Resident stories need the same care. Under 16 CFR 255.2(b), an ad that relates a consumer’s experience on a central attribute of the product will likely be read as representing what consumers will generally achieve. If you cannot substantiate that a resident’s experience is representative, the ad should clearly and conspicuously disclose the generally expected performance, and you must be able to substantiate that disclosure too. For recovery housing, the safer course is to describe the house, its rules and its support structure rather than to publish outcome stories. Our guide to patient testimonials covers consent and disclosure in more detail.

What federal law asks HHS to watch for

42 U.S.C. 290ee-5 directs HHS to identify or develop consensus best practices for operating recovery housing and to publish them on the SAMHSA website. Subsection (b) goes further: HHS must identify “common indicators that could be used to identify potentially fraudulent recovery housing operators.” The statute says those indicators may include unusual billing practices, average lengths of stays, excessive levels of drug testing in terms of cost or frequency, and unusually high levels of recidivism.

That list is a useful mirror for marketing. Offers of free or very low cost housing paid for by billing a resident’s insurance for testing or treatment elsewhere, pitches built around how long residents stay, and arrangements with laboratories all sit near the indicators Congress named. None of them is unlawful because it appears in that list, but a marketing plan that leans on them invites questions. Keep your marketing on what the house is: its rules, its location, its peer support, what residents pay and what connection to outside services looks like.

Advertising on Google

Google’s Addiction services policy restricts the promotion of recovery oriented drug and alcohol addiction services. Its list of examples includes recovery support services like sober living environments and mutual help organizations, along with clinical providers, lead generators or referral agencies for addiction services, and crisis hotlines for drug and alcohol addiction. Advertisers who have applied and been approved can advertise these services in the locations the policy lists, which include the United States.

For the United States, Google’s Healthcare and medicines policy says an advertiser must be certified as an addiction services provider by a third party certification program the policy names, and must also be certified with Google. The policy states that not all drug and alcohol addiction services are eligible for that certification, and those that are not eligible are not allowed to advertise these services on Google. Before a sober living home plans a paid search campaign, confirm whether the house is eligible, apply, and keep the approval current. An agency or lead generator running the ads does not take the house out of scope, since the policy names lead generators and referral agencies too.

Organic search and maps listings follow different rules. Your listing should carry your real name and the real address of each house where the address is published, and should not describe a referral line as a specific house. Our guide to Google Business Profile for doctors covers name and address rules.

Fair housing and your listings

A sober living home is a dwelling, and the Fair Housing Act governs how dwellings are advertised. 42 U.S.C. 3604(c) makes it unlawful to make, print or publish any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. HUD’s rule at 24 CFR 100.75 applies this to written and oral statements, including applications, flyers, brochures, signs, banners and billboards, and lists examples that include words, phrases, photographs or symbols conveying that dwellings are or are not available to a particular group, and selecting media or locations for ads in a way that denies segments of the housing market information about housing.

The Act’s definition of handicap, at 42 U.S.C. 3602(h), covers a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having one, but it does not include current, illegal use of or addiction to a controlled substance. That definition is worth reading before anyone writes eligibility wording for a listing.

For marketing copy, this points to a few habits. Write house rules as rules about conduct in the house, such as no alcohol or drug use on the premises and participation in house meetings, rather than as limits on who may apply. If a house serves one sex or a particular group, ask counsel how to describe that in listings, since sex and familial status are among the characteristics listed in 3604(c). Review ad targeting choices on social and search platforms with the same rule in mind, since 24 CFR 100.75 reaches the selection of media and locations for ads.

Resident privacy and 42 CFR Part 2

42 CFR Part 2 protects substance use disorder records held by federally assisted programs. Under 42 CFR 2.11, a “program” is a person, other than a general medical facility, that holds itself out as providing, and provides, substance use disorder diagnosis, treatment or referral for treatment, along with identified units and staff within general medical facilities. Under 2.12(b), a program is federally assisted if, among other things, it is conducted by a federal agency, carried out under a federal license, certification or registration such as Medicare participation, or supported by federal funds.

A house that provides housing and peer support only may sit outside that definition. A house that also provides diagnosis, treatment or referral for treatment, or that operates under a treatment program’s license, may sit inside it. Ask counsel which side each house is on. Either way, the marketing habits are the same: do not publish residents’ names, faces, stories or move-in details without written consent your attorney has reviewed, do not confirm to callers or on social media that a person lives at a house, and keep tracking tools that send visitor data to third parties off intake and application pages. See our guide to tracking pixels on practice websites.

State certification and registration

42 U.S.C. 290ee-5(a) directs HHS to develop best practices that may include model laws for minimum standards for operating recovery housing, and subsection (c) has HHS share them with state agencies, including technical assistance to state agencies seeking to adopt them. Certification, registration and referral rules for recovery residences are set state by state, so check the rules where each house operates. In marketing, name only the certifications a specific house holds, show them where they apply, and update the site when a certification lapses or a house closes.

Crisis information

A visitor to a sober living site may be in crisis. Put crisis information where it will be seen: if someone is in immediate danger, call 911. SAMHSA operates the 988 Suicide and Crisis Lifeline for people in suicidal crisis or emotional distress, reachable by call or text at 988. A house phone line should not be presented as a crisis line unless it is staffed and run as one, and Google’s addiction services policy treats crisis hotlines for drug and alcohol addiction as covered services that need approval to advertise.

Illustration: an operator with three houses

Illustration: an operator runs three sober living houses and wants more move-ins. The first draft plan pays a community outreach worker a flat amount for each new resident, runs search ads through an agency, and publishes a page with resident success stories and a photo of the newest, nicest house used for all three locations.

Reviewed against the sources above, the plan changes. The outreach worker moves to a salary that does not vary with move-ins, since 18 U.S.C. 220(b)(2) excludes per referral pay from its exception. The ads wait until the operator confirms eligibility and holds the certifications Google’s policy requires for the United States. The success stories come down, replaced by a plain description of house rules, peer support, costs and how residents connect with outside treatment. Each house gets its own photos and its own listing. Eligibility wording is rewritten as conduct rules and reviewed by counsel for fair housing. The intake page drops third party tracking, and 988 and 911 appear on every page.

Checklist

Describe each house as housing and peer support unless it holds a license or certification for treatment services.
Pay outreach staff, house managers and marketers in ways that do not vary by move-ins, tests or billing.
Accept nothing from a treatment program or laboratory in return for where residents go.
Confirm Google eligibility and certification before any paid addiction services ads.
Check every staffing, cost, certification and photo claim against what is true for each house.
No success, sobriety or relapse rates you cannot substantiate.
Write eligibility wording as conduct rules and have counsel review it for fair housing.
Ask counsel whether 42 CFR Part 2 applies to each house.
Keep resident identities and stories out of marketing without reviewed written consent.
Keep third party tracking off intake and application pages.
Show 911 and 988 where visitors will see them.
Check state certification and referral rules where each house operates.

How we help

We build websites, local search and Google Ads for independent health care businesses, and we check claims, listings and tracking against the rules above before anything goes live. See our medical website design work. Our AI front desk is built with HIPAA in mind and answers questions about hours, locations and services from a list you approve. We confirm in writing what a BAA covers before any patient information flows through a tool, and if it is not covered, we do not route patient information through it. We do not sell lead lists, do not pay for referrals and do not work on pay per resident arrangements. For the wider set of rules we follow, see our healthcare marketing rules hub.

Is a sober living home covered by the federal referral statute?

Yes. 18 U.S.C. 220 names recovery homes and defines them as shared living environments that are, or purport to be, free from alcohol and illicit drug use and centered on peer support and connection to recovery services. The offense applies with respect to services covered by a health care benefit program.

Can we pay a marketer for each new resident?

The employee and contractor exception in 18 U.S.C. 220(b)(2) does not cover pay that is determined by or varies by the number of individuals referred, the number of tests or procedures performed, or the amount billed. Ask a health care attorney before any per resident arrangement.

Does the FTC have rules specific to recovery housing?

15 U.S.C. 45d makes unfair or deceptive acts or practices unlawful with respect to substance use disorder treatment services, and its definitions note includes services that purport to provide recovery housing. Violations are treated as violations of an FTC rule.

Can a sober living home run Google Ads?

Google’s Addiction services policy lists sober living environments as covered. In the United States, its Healthcare and medicines policy requires certification by a named third party program and with Google, and services not eligible for that certification may not advertise.

Does 42 CFR Part 2 apply to sober living?

It applies to federally assisted programs that hold themselves out as providing, and provide, substance use disorder diagnosis, treatment or referral for treatment. A house offering housing and peer support only may fall outside it, so ask counsel about each house.

Do fair housing rules apply to our listings?

The Fair Housing Act at 42 U.S.C. 3604(c) and HUD’s rule at 24 CFR 100.75 govern notices, statements and advertisements for the rental of a dwelling, including flyers, signs and online listings. Have counsel review eligibility wording.

Sources

More in Mental and behavioral health marketing

Sober living and recovery residence marketing: the federal rules