In a decision with statewide impact, the SJC recently clarified how zoning laws apply to sober homes. In Bak Realty, LLC v. City of Fitchburg, the Court ruled that a sober home may not be excluded from a residential
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neighborhood if the residents are functionally the equivalent of a family. This standard focuses not on blood or marriage ties, but on whether the individuals live together in a stable, cohesive household. This means sharing meals, responsibilities, routines, and exhibiting a commitment to communal living, much like a traditional family.
The case arose after the
City of Fitchburg tried to block a sober home from operating in a single-family
residential zone. The SJC held that Fitchburg could not use its zoning code to
exclude housing for people in recovery when the residents function like a
family and are protected under federal anti-discrimination laws such as the
Fair Housing Act and the Americans with Disabilities Act.
This ruling has important
implications for both property owners and local governments. For owners and
operators of sober homes, it offers support, but also a reminder that the
household must be genuinely cooperative and not just a group of individuals living
under the same roof. For cities and towns, it signals the need to revisit
zoning definitions that narrowly define “family” in ways that may violate
federal law.
Communities across
Massachusetts have grappled with similar issues, sometimes facing lawsuits or
HUD complaints. In Worcester, for instance, the city has been involved in
litigation with sober house operators that raises the question whether lodging
house requirements discriminate against individuals with disabilities.
Similarly, in New Bedford, the city has taken steps to regulate sober homes and
lodging houses, prompting discussions about the balance between local control
and federal anti-discrimination laws. The Bak Realty ruling
provides clearer guidance, but also raises new questions about how
municipalities can regulate group housing without crossing legal lines.
Legal guidance is
especially important in areas like this, where zoning codes, disability rights,
and federal protections intersect. Whether you’re a property owner planning a
new use, or a municipality trying to enforce local ordinances, it’s best to get
ahead of issues before they turn into a dispute.
Stephanie is an associate in the litigation practice group, at Prince Lobel Tye LLP. In her practice, Stephanie defends companies and individuals in high stakes matters, including commercial and business litigation, construction, intellectual property, insurance defense, media and privacy law, and other areas of complex civil litigation. Stephanie can be contacted at sreed@princelobel.com.
Have questions about zoning and sober homes in your community? Contact Ann Sobolewski or any member of Prince Lobel’s Real Estate group to learn how this decision may affect your rights and responsibilities.
