Sober/Addiction Recovery Homes in Salem: Frequently Asked Questions
Sober/Addiction Recovery Homes in Salem: Frequently Asked Questions
Sober homes, also known as alcohol- and drug-free housing, can offer people new to recovery a safe and positive environment. These group living homes ensure that people in recovery are not isolated and can share their success and support with others reaching for the same goal. They are not treatment programs, but can be a lifesaver for people finishing inpatient or residential treatment without a healthy home environment to return to, or who want for their living situation to support their recovery. Sober homes are supposed to be safe places for newly sober people — some who are there voluntarily, some ordered by the courts.
Unfortunately, sober/addiction recovery residential homes in Massachusetts operate largely unregulated and without standards; there are instances where these types of uses have not lived up to their stated goals and have been disruptive within neighborhoods, not to mention harmful to the very individuals they house. While there is a need for this type of housing in every community in Massachusetts, additional appropriate and fair regulation would help to address operators that are not providing a positive environment for either their clients or their neighbors.
Do sober/addiction recovery residential homes have to comply with local zoning?
No. State law provides that “imposition of health and safety laws or land use requirements on congregate living arrangements among non-related persons with disabilities that are not imposed on families and groups of similar size or other unrelated persons shall constitute discrimination.” (MGL c. 40A s. 3). Where drug addiction and alcoholism are disabilities under the law, municipalities are prohibited from treating these uses any differently than it treats family homes of similar sizes from a zoning perspective. They must, however, declare formally to the City that they are so exempt. Courts have determined that sober homes are not subject to the requirements imposed on lodging/rooming houses, such as sprinkler requirements and rules limiting the number of unrelated individuals residing in a single unit that do not apply to families.
Where can they open up?
These uses can take place in any zone in the City where residential use is permitted.
Where are these located in Salem today?
Currently, we are only aware of one such use that has been formally initiated in Salem, at 12 Mount Vernon Street. The property owner appropriately received a building permit to carry out renovations and has subsequently been registered and inspected under the Certificate of Fitness Ordinance. Also, upon request of the City, the owner has supplied written documentation confirming its status as a sober home and that it is seeking voluntary certification from the Massachusetts Alliance for Sober Housing for this location, one of four he has established in the Commonwealth.
Do they need any state licensing?
No, however there is a program for a voluntary certification through the state. Without that certification, sober homes cannot receive clients referred from the state or through the court system.
Are there federal protections for these uses?
Yes. State and federal fair housing laws both treat individuals recovering from drug and alcohol addictions as disabled individuals. They are therefore protected by the Americans with Disabilities Act.
Are these uses exempt from all codes and regulations?
No. These properties must still comply with the state sanitary and building codes, and local ordinances, so long as those regulations apply equally to all residential units. For example, the City and state requirements for residential rental properties to receive a sanitary code certificate of fitness apply to these properties. The City’s requirement that rentals register for inspection and the state sanitary code’s occupancy limits (square footage per individual) also apply, as do fire code for residential dwellings. In addition, City nuisance, noise, and disorderly house ordinances are applicable.
Am I still able to call the City if there are problems at one of these properties?
Yes. As with any property if there are disruptions, you can call the Police Department at 978-744-1212. If you believe a noise ordinance violation is taking place, you can call the Police or the Building Inspector at 978-619-5641. If there is a problem with improper placement of trash or recycling carts, you may call the Recycling and Trash Office at 978-619-5673. If there are concerns about smoking, litter or pest harborage, you can call the Health Department at 978-741-1800. If you are unsure who to call about an issue, you can call the Mayor’s Office at 978-619-5600 to be referred to the correct department.
Where can I find out more about sober homes in Massachusetts?
MGL Chapter 40A, section 3 outlines the exemption of this use from local zoning: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40a/Section3. MGL Chapter 17, section 18A outlines the voluntary certification process: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter17/Section18A. General information about sober homes and the voluntary certification process for sober homes in Massachusetts can be found here: https://mashsoberhousing.org/.