On March 28, 2025, the Massachusetts Supreme Judicial Court (SJC) recently issued a significant decision in BAK Realty, LLC v. City of Fitchburg, clarifying how local zoning laws apply to sober homes. The ruling has broad implications for property owners, nonprofit operators, and municipalities navigating the intersection of zoning regulations and disability protections under state and federal law.
Background: The Fitchburg Sober Home Dispute
The case arose when BAK Realty, LLC, a property owner, leased a triple-decker in Fitchburg to a nonprofit organization operating a sober home for individuals recovering from addiction. The home housed thirteen residents, including a live-in manager.
The City of Fitchburg determined that the sober home violated its zoning ordinance, which defines a “family” as no more than four unrelated individuals living together. Since the property was in a residential district that did not allow boarding houses, the city ruled that the use was prohibited.
In response, BAK Realty, LLC and the nonprofit sued, arguing that the city’s enforcement of its zoning ordinance violated state and federal fair housing laws because it discriminated against disabled individuals—specifically, those in recovery from addiction.
The Key Legal Issue: Must Cities Treat Sober Homes as Families?
The plaintiffs argued that under the Fair Housing Act and Massachusetts anti-discrimination laws, sober homes should be treated as “families” for zoning purposes. They claimed that by limiting the number of unrelated individuals who could live together, Fitchburg was effectively excluding disabled individuals who rely on group housing for recovery.
The City of Fitchburg countered that its zoning ordinance applied equally to all unrelated groups, not just sober homes, and that it was not required to classify a sober home as a “family.”
The Court’s Decision: Fitchburg Wins the Case
In a unanimous decision, the SJC ruled in favor of Fitchburg, holding that the city’s zoning ordinance did not violate anti-discrimination laws because it treated all groups of unrelated individuals the same. The court rejected the argument that the city was required to classify sober homes as “families” for zoning purposes.
The decision reaffirmed that:
- Cities can define “family” in zoning laws as long as the definition applies neutrally to all groups.
- Sober homes and other group living arrangements may still face zoning restrictions, even if they serve disabled individuals.
- Local governments must ensure that zoning laws are not being applied in a way that intentionally discriminates against protected groups, but they are not required to create special exemptions.
Why This Case Matters
This ruling has major implications for real estate investors, nonprofit organizations, and municipalities navigating zoning disputes involving group homes. It confirms that while disabled individuals are protected under anti-discrimination laws, those laws do not automatically override zoning restrictions on unrelated individuals living together.
In my opinion, the most interesting part of this case is that the zoning board of appeals had already reached a fair resolution by allowing all thirteen current residents to remain in the home while limiting future use to four people per unit. That should have been the end of it. Instead, the case went to appeal—an appeal that, in my view, was unnecessary and had little chance of success.
Key Takeaways for Property Owners and Nonprofits
If you own or operate group housing, sober homes, or other shared living arrangements, this case highlights the importance of understanding local zoning laws before purchasing or leasing a property. Here are a few lessons:
- Check zoning ordinances carefully before using a property for group housing.
- Be aware that disability protections do not override all zoning restrictions.
- If facing a zoning challenge, explore local solutions first—as seen here, the zoning board provided a reasonable accommodation that the court ultimately upheld.
Need Guidance on Zoning or Real Estate Law?
Zoning disputes can be complicated, especially when disability protections and fair housing laws come into play. If you have questions about group housing, zoning appeals, or property use regulations, our firm can help.
Contact us today for a consultation on your real estate or zoning matter.
