Council hears staff on sober homes, lodging and enforcement after court guidance

Fall River City Council received an extended briefing from Corporation Counsel Alan Rumsey and Building Commissioner Glenn Hathaway on lodging houses, sober homes and enforcement challenges following recent court guidance.

Rumsey told the council the case BAK Realty v. City of Pittsburgh (described in the meeting as a recent decision) clarifies municipalities may define "family" for zoning and that sober homes that meet the municipal family definition must be treated the same as any other family residence. "If they fit the definition of family, then you can't discriminate them," he said. Conversely, houses that do not meet the local definition of family would be treated as boarding or lodging houses and be subject to the city's lodging-house rules.

Hathaway explained local practice and code distinctions: sober homes typically limit…