In a decision with statewide impact, the Massachusetts Supreme Judicial Court (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 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.
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.
