Marblehead Neighborhood Gets Big Surprise

On a regular daily basis in my Marblehead neighborhood, I would often see an elderly woman walking at a very quick pace behind a walker. There appeared to be no set time during the day she would take her walks. I would even see her walking in pretty nasty weather. The horrifying part was I would often see her in the street because so many people would block the sidewalks with their cars and trucks. She had no choice, but to be forced out into the street. Many neighbors cared less about blocking the sidewalks as they refused to park on the street because they were afraid they would lose their mirrors. On top of this dangerous situation, the thousands and thousands of cars would speed up and down the street with no respect for the congested neighborhood filled with families that had small children or walking their dogs. People just seem to care less about speeding. The speed limit on the street is 25 mph. Yet the majority of cars are traveling in excess of 35 mph with some cars at 50-70 mph range.

After witnessing this for quite some time, I stopped seeing her. No idea whatever happened. It was like she disappeared off the face of the planet. Discussions among the neighbors included thoughts …” Did she fall and end up in the hospital or in an assisted living home?”. All we really knew about her was she kept to herself and lived in a very large home that was in desperate need of repairs. The landscaping was overgrown, the garage looked like it was about to fall over, and the exterior was very tired.

Part of the mystery was solved on September 21, 2022. Her home at 187 Humphrey Street was listed for sale. The listing real estate agency was Merry Fox Realty of Salem. MA. It was listed as a five bedroom, 3.5 bathroom, 3,929 square feet, and sitting on 0.39 acre lot. The asking price was $849,000. The assessed value was $735,200 with taxes in 2021 at $7,661. (source: realtor.com) The owners of the property included Wastler, Bettie M. Trustee, Wastler Realty Trust, and Karen Elizabeth Tehan (source PatriotProperties.com).

I had to wonder what was going to happen to this house. Was a developer going to buy it and fix it up then flip it? Would a family purchase it and do a complete remodeling job? Two months later the house was sold on November 22, 2022 for $950,000, which was $101,000 over asking price. The buyer was represented by Heather Grant Murray, who worked for Sagan Harborside Sotheby’s International Realty (source realtor.com). Another interesting twist to this story is I was told was the real estate agent that represented the buyer is also the wife of Scott Murray.

Here is where the surprise comes in. The property was purchased by Shelle Realty, LLC and was later leased to 24 Chapman, LLC. Why is this such a surprise? Come to find out, the President of 24 Chapman, LLC, Scott Murray, is running the property as a Sober Home. This entire operation is supported by Vanderburgh Communities under the direction of Hunter Foote. Vanderburgh Communities allows 24 Chapman to use the Vanderburgh Communities brand with their support.

Going backwards- “Follow-the-Money”, Shelle Realty was provided a loan by Genesis Community Loan Fund. They in turn set up a lease to 24 Chapman, LLC for 187 Humphrey Street.

This is where it gets really interesting. I took the time to do a little research as I had no idea what in the world was a “Sober Home. On the internet at www.mashsoberhousing.org, I found some answers to my questions. The information below was taken directly from the website:

What is a sober home?
A sober home is a sober, safe, and healthy living environment that promotes recovery from alcohol and other drug use and associated problems. When alcoholics and addicts leave inpatient facilities, they can face difficulty transitioning back to daily life. Sober living homes operate as a bridge between treatment facilities and the “real world.” This in-between recovery option, which uses a peer-to-peer recovery model, reinforces lessons learned in treatment.

Establishing a strong sober home community culture is critical to success in recovery. All MASH-certified sober homes are required to have comfortable living space, with a common living area, designated living and sleeping areas that meet our requirements for square footage, bathrooms that accommodate the home’s maximum capacity. MASH-certified sober homes must also offer a peer-based environment and be drug- and alcohol-free.

Sober homes support various abstinence-based pathways to recovery, and each residence focuses on one or more particular pathway. All MASH sober homes meet national standards based on the National Alliance for Recovery Residences (NARR) model.

What is expected of residents of a sober home?
Residents of sober homes are expected to abstain from alcohol and drug use, other than prescribed medications, and to refrain from prescription misuse. Payment terms for sober homes vary, and residents are given written house agreements. MASH-certified sober homes are governed by standards that address safety from an administrative, operational, property, and “good neighbor” perspective.

What’s the difference between a sober home and a recovery residence?
In Massachusetts, sober homes and recovery residences are different models for substance abuse recovery. Recovery residences —formerly known as halfway houses — are licensed residential treatment programs, while Massachusetts sober homes are peer-led and do not provide treatment. Sober homes provide mutual support, emphasize independent living skills, and depend on peer leadership. They are not licensed and are not funded by the state.

Are sober homes boarding homes?
No. Sober homes and boarding homes differ, and the laws governing boarding houses are specific for that designation.

Why should I certify my sober home?
There are numerous benefits to certifying your sober home. With certification, you’ll be eligible for referrals from state agencies. You will also have a connection to the National Association of Recovery Residences (NARR), be invited to monthly member calls, and have networking opportunities with other operators. You will also have enhanced legitimacy as an associate of a statewide organization, and be a part of raising awareness and credibility for sober housing.

What are the referral sources for certified sober homes?
Effective September 1, 2016, state agencies and their vendors are only be able to refer clients to certified alcohol and drug-free housing. MASH serves as the primary agency for accountability of all certified homes in Massachusetts. Any home not certified will not be able to accept clients from state agencies until certified. Referral sources for certified sober homes are:
• Detox
• Hospital
• MA Access to Recovery
• Psychiatric unit
• Department of Corrections
• Drug court
• Parole
• Probation
• Department of Children and Families
• Section 35
• Community support providers
• Department of Veterans Affairs
• Charity scholarship groups
• Psychiatric hospitals
• Residential treatment
• Intensive therapeutic program
• Another sober house

MASH Office Staff

Denise Menzdorf, Executive Director

Denise Menzdorf joined the MASH team as the Executive Director in August 2022. She comes to us with over a decade of experience in non-profit management. Her most recent role was the Director of Nutrition Services at BayPath Elder Services, Inc. in Marlborough, Massachusetts. She led a team that provided over 150,000 meals annually to individuals in need in the Metro West and Worcester area. She is an enthusiastic leader who develops robust community partnerships and enjoys collaborating with community leaders and organizations. She believes that if we always focus on who it is we are serving and keep that at the forefront of our minds, we will always be going in the right direction.

Katie Bisbee, Certification Coordinator

Emily Kane, Project Coordinator

MASH Board of Directors

Bill Berneburg, Board President

Bill Berneburg is the owner-operator of 1,2,3 House, a network of sober homes. He opened his first sober house in Brockton in May 2012. 1,2,3 House has grown since its inception, with two more locations at 26 St. Casimir Avenue in Brockton and 57 Church Green in Taunton. Currently, the homes that are part of 1,2,3 House have 60 beds and are parole-approved. Bill, with the help of his house managers, is focused on helping men recover from the disease of alcoholism and drug addiction. He has been sober for 24 years. Bill has been a member of the MASH board since 2015 and is chair of the MASH ethics committee.

Kathleen Delaney Campbell, Treasurer

Kathleen Delaney Campbell is the owner of KDC Accounting Solutions, a small accounting practice specializing in QuickBooks and Quicken consulting. She has a bachelor’s degree in accounting from the University of Lowell. Kathleen completed the coursework for the LADAC certificate in 2018 at the University of Massachusetts, Boston.

Laura Ames, Clerk

Laura Ames joined the Recovery Centers of America (RCA) in 2017. Laura has a Master of Science in Criminal Justice from Anna Maria College, a Master of Business Administration from Anna Maria College, a Master of Science in Nursing Administration and Patient Education from Anna Maria College, as well as a Bachelor of Science in Nursing from Fitchburg State College. Laura has successfully opened and licensed both detoxification and clinical stabilization services at RCA. Laura is passionate about ensuring patient satisfaction and comfort at RCA at Danvers.

Richard Winant, Chair of the Ethics Committee

Rich Winant is the director of The Kelly House, a men’s sober house in Wakefield. After working in corporate settings for more than 25 years, Rich made a career change to the recovery field. He is also a certified recovery coach and attended the University of Massachusetts Boston’s Addiction Counselor program. He served as MASH’s president from 2014 to 2018 and as a board member of the Reading Coalition Against Substance Abuse. As a person in recovery for more than 14 years, Rich opened The Kelly House because he saw the need to help this vulnerable population. He has a bachelor’s degree from Clark University.

Jeff Gershman

Jeff Gershman is the Chief Executive Officer of Square Medical Group, a community-focused mental health and substance abuse agency. After working in investment banking and health care startups, Jeff joined Square Medical Group with the goal of creating responsible and effective behavioral health treatment in New England. He graduated from New York University’s Stern School of Business with a bachelor’s degree in finance and accounting. Jeff’s involvement with MASH began when he founded the Garnet Recovery Community in Quincy, a 21-bed men’s sober house. He has served on the MASH board since 2016 as treasurer and president.

Denise Donovan

Denise Donovan is an assistant clerk magistrate at the Boston Municipal Court Department’s Central Division. She began working at the Boston Municipal Court in the Probation Department in 1994. Denise has a bachelor’s degree in Legal Practice in Criminal Justice from the University of Massachusetts Boston and a master’s certificate in Woman in Politics and Government from the University of Massachusetts Boston. In 2010, Denise graduated from Massachusetts School of Law with a Juris Doctorate degree and is a member of the Massachusetts Bar. Denise is passionate about helping people in recovery in both her professional career and her personal life.

Brian Murphy

Brian Murphy is the co-owner and operator of Recovery Upfront, a men’s sober home in Weymouth established in 2007. He also previously co-owned and operated two male sober homes in Quincy, and he is currently the owner and operator of BFM Painters and Home Renovators, a commercial and residential paint contracting business in Quincy. Prior to establishing his own business, Brian worked in various management positions at a contract engineering company in Boston and Los Angeles. He has served on the MASH Board of Directors since the organization’s inception in 2007.

Matthew Powers

Matthew Powers is the owner-operator of Chelsea’s House LLC, which has multiple homes for men and women in Chelsea and Lynn. He opened his first home in 2012 with his two brothers. The Chelsea’s House Franklin Street location was the first male MASH-certified house in the Commonwealth of Massachusetts. Matthew has served on the MASH Board of Directors for five years and is on the Ethics Committee. Matthew and his team at Chelsea’s House continue to sit on multiple recovery court teams that advocate for addicts and alcoholics. He is in long-term recovery himself and has built a successful mechanical company.

Troy Clarkson

Troy Clarkson became Brockton’s CFO in February of 2019. He is the Founder and President of the Sober Living Foundation and also serves as President of the non-profit Carousel of Light, Inc. He is an author and speaker with more than a quarter-century of experience in positions of leadership in government and public service. He holds a BA in Political Science from  Boston College and a Masters in Public Administration from Bridgewater State University.

Paul Thomas

An ardent supporter of housing and ending homelessness. Professional career began in education, teaching at high school and college levels. Former owner/operator of limousine, black car service, and a sports camp for at risk youth in the City of Boston. Transitioned into the financial industry as Founder and Chief Operating Officer of a large Massachusetts registered mortgage lender. Currently employed by the Department of Corrections in the Reentry Service Division focusing on housing development.  Serve as a committee member of Community Economic Development Assistance Corporation (CEDAC). Former BOD officer of Marina Bay Civic Association and several Condominium Associations in the state. BS degree in Economics from Suffolk University.

Massachusetts Alliance for Sober Housing

5 Edgell Rd, Ste. 30, Framingham, MA 01701

Phone: 781-472-2624

In 2011, the National Alliance for Recovery Residences (NARR) established national standards for recovery residences (including sober housing). These standards were developed using a collaborative approach with input from regional and national recovery housing organizations.  MASH is an affiliate of NARR and used these standards to create Massachusetts standards for certified sober homes.

In Massachusetts, sober homes and recovery residences are different models for substance abuse recovery. Recovery residences — formerly known as halfway houses — are licensed residential treatment programs, while Massachusetts sober homes are peer-led and do not provide treatment. Sober homes provide mutual support, emphasize independent living skills, and depend on peer leadership. They are not licensed and are not funded by the state.

Administrative & Operational Domain

A. Core Principle: Operate with Integrity

1. Are guided by a mission and vision

1.1 A written mission statement that corresponds with MASH core principles

1.2 A vision statement that corresponds with MASH core principles as stated in this document

2. Adhere to legal and ethical codes and use best business practices

2.a. Documentation of legal business entity (e.g. incorporation, LLC documents or business license).

2.b. Documentation that the owner/operator has current liability coverage and other insurance appropriate to the level of support.

2.c. Written permission from the property owner of record (if the owner is other than the sober home operator) to operate a sober home on the property.

2.d. A statement attesting to compliance with nondiscriminatory state and federal requirements.

2.e. Operator attests that claims made in marketing materials and advertising will be honest and substantiated and that it does not employ any of the following:

• False or misleading statements or unfounded claims or exaggerations;

• Testimonials that do not reflect the real opinion of the involved individual;

• Price claims that are misleading;

• Therapeutic strategies for which licensure and/or counseling certifications are required but not applicable at the site;
  or Misleading representation of outcomes.

2.f. Policy and procedures that ensure the following conditions are met if the residence provider employs, contracts with or enters into a paid work agreement with residents:

• Paid work arrangements are completely voluntary.

• Residents do not suffer consequences for declining work.

• Residents who accept paid work are not treated more favorably than residents who do not.

• All qualified residents are given equal opportunity for available work.

• Paid work for the operator or staff does not impair participating residents’ progress towards their recovery goals.

• The paid work is treated the same as any other employment situation.

• Wages are commensurate with marketplace value and at least minimum wage.

• The arrangements are viewed by a majority of the residents as fair.

• Paid work does not confer special privileges on residents doing the work.

• Work relationships do not negatively affect the recovery environment or morale of the home.

• Unsatisfactory work relationships are terminated without recriminations that can impair recovery.

2.g Policy and procedure that ensures refunds consistent with the terms of a resident agreement are provided within 10 business days, and preferably upon departure from the home

2.h. Staff must never become involved in residents’ personal financial affairs, including lending or borrowing money, or other transactions involving property or services, except that the operator may make agreements with residents with respect to payment of fees.

2.i. A policy and practice that provider has a code of ethics that is aligned with the MASH code of ethics. There is evidence that this document is read and signed by all those associated with the operation of the sober home, to include owners, operators, staff and volunteers.

2.j. Policy and procedures that ensure all residents are age eighteen or older at time of admission.

3. Be financially honest and forthright

3.a. Prior to the initial acceptance of any funds, the operator must inform applicants of all fees and charges for which they will be responsible. This information needs to be in writing and signed by the applicant.

3.b. Use of an accounting system which documents all resident financial transactions such as fees, payments and deposits.

• Ability to produce clear statements of a resident’s financial dealings with the operator within reasonable timeframes.

• Accurate recording of all resident charges and payments.

• Payments made by 3rd party payers are noted.

3.c. A policy and practice documenting that a resident is fully informed regarding refund policies prior to the individual entering into a binding agreement.

3.d. A policy and practice that residents be informed of payments from 3rd party payers for any fees paid on their behalf.

4. Collect data for continuous quality improvement

4.a. Policies and procedures regarding collection of resident’s information. At minimum, data collection will protect individual’s identity, be used for continuous quality improvement, be part of day-to-day operations, and regularly reviewed by staff and residents (where appropriate).

B. Core Principle: Uphold Residents’ Rights

5. Communicate rights and requirements before agreements are signed

5.a. Documentation of a process that requires a written agreement prior to committing to terms that includes the following:

• Resident rights

• Financial obligations and agreements

• Services provided

• Recovery goals

• Relapse policies

• Policies regarding removal of personal property left in the residence

6. Protect resident information

6.a. Policies and procedures that keep residents’ records secure, with access limited to authorized staff.

6.b. Policies and procedures that comply with applicable confidentiality laws.

6.c. Policies protecting resident and community privacy and confidentiality.

C. Core Principle: Create a culture of empowerment where residents engage in governance and leadership

7. Involve residents in governance

7.a. Evidence that some rules are made by the residents that the residents (not the staff) implement.

7.b. Grievance policy and procedures, including the right to take grievances that are not resolved by the house leadership to the operation’s oversight organization for mediation.

7.c. Verification that written resident’s rights and requirements (e.g. residence rules and grievance process) are posted or otherwise available in common areas.

7.d. Policies and procedures that promote resident-driven length of stay.

7.e. Evidence that residents have opportunities to be heard in the governance of the residence; however, decision making remains with the operator.

8. Promote resident involvement in a developmental approach to recovery

8.a. Peer support interactions among residents are facilitated to expand responsibilities for personal and community recovery.

8.b. Written responsibilities, role descriptions, guidelines and/or feedback for residence leaders.

8.c. Evidence that residents’ recovery progress and challenges are recognized and strengths are celebrated.

D. Core Principle: Develop Staff Abilities to Apply the Social Model

9. Staff model and teach recovery skills and behaviors

9.a. Evidence that management supports staff members maintaining self-care.

9.b. Evidence that staff are supported in maintaining appropriate boundaries according to a code of conduct.

9.c. Evidence that staff are encouraged to have a network of support.

9.d. Evidence that staff are expected to model genuineness, empathy, respect, support and unconditional positive regard

10. Ensure potential and current staff are trained or credentialed appropriate to the residence level

10.a. Policies that value individuals chosen for leadership roles who are versed and trained in the Social Model of recovery and best practices of the profession.

10.b. Policies and procedures for acceptance and verification of certification(s) when appropriate.

11. Staff are culturally responsive and competent

11.a. Policies and procedures that serve the priority population, which at a minimum include persons in recovery from substance use but may also include other demographic criteria.

11.b. Cultural responsiveness and competence training or certification are provided.

12. All staff positions are guided by written job descriptions that reflect recovery

12.a. Job descriptions include position responsibilities and certification/licensure and/or lived experience credential requirements.

12.b. Job descriptions require staff to facilitate access to local community-based resources.

12.c. Job descriptions include staff responsibilities, eligibility, and knowledge, skills and abilities needed to deliver services. Ideally, eligibility to deliver services includes lived experience recovering from substance use disorders and the ability to reflect recovery principles.

13. Provide Social Model-Oriented Supervision of Staff

13.a. Policies and procedures for ongoing performance development of staff appropriate to staff roles and residence level.

13.b. Evidence that supervisors (including top management) create a positive, productive work environment for staff.

Physical Environment Domain

E. Core Principle: Provide a Home-like Environment

14. The residence is comfortable, inviting, and meets residents’ needs

14.a. Verification that the residence is in good repair, clean, and well maintained

14.b. Verification that furnishings are typical of those in single family homes or apartments as opposed to institutional settings.

14.c. Verification that entrances and exits are home‐like vs. institutional or clinical.

14.d. Verification of 70+ sq. feet for the first bed and 50+ sq. feet per additional bed.

14.e. Verification that there are bathroom ratios of 8:1 for women’s and 10:1 for men’s.

14.f. Verification that each resident has personal item storage.

14.g. Verification that each resident has food storage space.

14.h. Verification that laundry services are accessible to all residents.

14.i. Verification that all appliances are in safe, working condition.

15. The living space is conducive to building community

15.a. Verification that a meeting space is large enough to accommodate all residents.

15.b. Verification that a comfortable group area provides space for small group activities and socializing

15.c. Verification that kitchen and dining area(s) are large enough to accommodate all residents sharing meals together.

15.d. Verification that entertainment or recreational areas and/or furnishings promoting social engagement are provided.

F. Core Principle: Promote a Safe and Healthy Environment

16. Provide an alcohol and illicit drug free environment

16.a. Policy prohibits the use of alcohol and/or illicit drug use or seeking.

16.b. Policy lists prohibited items and states procedures for associated searches by staff

16.c. Policy and procedures for drug screening and/or toxicology protocols.

Note: “The MassHealth agency does not pay for the following services: (…) (4) tests performed only for purposes of civil, criminal, administrative, or social service agency investigations, proceedings, or monitoring activities; (5) tests performed for residential monitoring purposes; (…) (9) test that are not medically necessary as defined in 130 CMR 450.204: Medical Necessity; ...”130 CMR 401.411: Noncovered Services and Payment Limitations.

16.d. Policy and procedures that address residents’ prescription and non-prescription medication usage and storage consistent with the residence’s level and with relevant state law.

16.e. Policies and procedures that encourage residents to take responsibility for their own and other residents’ safety and health.

17. Promote Home Safety

17.a. Operator will attest that electrical, mechanical, and structural components of the property are functional and free of fire and safety hazards.

17.b. Operator will attest that the residence meets local health and safety codes appropriate to the type of occupancy (e.g. single family or other) OR provide documentation from a government agency or credentialed inspector attesting to the property meeting health and safety standards.

17.c. Verification that the residence has a safety inspection policy requiring periodic verification of

• Functional smoke detectors in all bedroom spaces and elsewhere as code demands,

• Functional carbon monoxide detectors, if residence has gas HVAC, hot water or appliances

• Functional fire extinguishers placed in plain sight and/or clearly marked locations,

• Regular, documented inspections of smoke detectors, carbon monoxide detectors and fire extinguishers,

• Fire and other emergency evacuation drills take place regularly and are documented (not required for Level I Residences).

18. Promote Health

18.a. Policy regarding smoke‐free living environment and/or designated smoking area outside of the residence.

18.b Policy regarding exposure to bodily fluids and contagious disease.

19. Plan for emergencies including intoxication, withdrawal and overdose

19.a Verification that emergency numbers, procedures (including overdose and other emergency responses) and evacuation maps are posted in conspicuous locations.

19.b. Documentation that emergency contact information is collected from residents.

19.c. Documentation that residents are oriented to emergency procedures.

19.d. Verification that Naloxone is accessible at each location, and appropriate individuals are knowledgeable and trained in its use.

Recovery Support Domain

G. Core Principle: Facilitate Active Recovery and Recovery Community Engagement

20. Promote meaningful activities

20.a. Documentation that residents are encouraged to do at least one of the following:

• Work, go to school, or volunteer outside of the residence

• Participate in mutual aid or caregiving

• Participate in social, physical or creative activities

• Participate in daily or weekly community activities

21. Engage residents in recovery planning and development of recovery capital

21.a. Evidence that each resident develops and participates in individualized recovery planning that includes an exit plan/strategy

21.b. Evidence that residents increase recovery capital through such things as recovery support and community service, work/employment, etc.

21.c. Written criteria and guidelines explain expectations for peer leadership and mentoring roles.

22. Promote access to community supports

22.a. Resource directories, written or electronic, are made available to residents.

22.b. Staff and/or resident leaders educate residents about local community-based resources.

23. Provide mutually beneficial peer recovery support

23.a. A weekly schedule details recovery support services, events and activities.

23.b. Evidence that resident-to resident peer support is facilitated:

• Evidence that residents are taught to think of themselves as peer supporters for others in recovery

• Evidence that residents are encouraged to practice peer support interactions with other residents.

H. Core Principle: Model Prosocial Behaviors and Relationship Skills

24. Maintain a Respectful Environment

24.a. Evidence that staff and residents model genuineness, empathy, and positive regard.

24.b. Evidence that trauma informed or resilience-promoting practices are a priority.

24.c. Evidence that mechanisms exist for residents to inform and help guide operations and advocate for community-building.

I. Core Principle: Cultivate the Resident’s Sense of Belonging and Responsibility for Community

25. Sustain a “functionally equivalent family” within the residence by meeting at least 50% of the following:

25.a. Residents are involved in food preparation.

25.b. Residents have a voice in determining with whom they live.

25.c. Residents help maintain and clean the home (chores, etc.).

25.d. Residents share in household expenses

25.e. Community or residence meetings are held at least once a week.

25.f. Residents have access to common areas of the home.

26. Foster ethical, peer-based mutually supportive relationships among residents and staff

26.a. Engagement in informal activities is encouraged.

26.b. Community gatherings, recreational events and/or other social activities occur periodically.

26.c. Transition (e.g. entry, phase movement and exit) rituals promote residents’ sense of belonging and confer progressive status and increasing opportunities within the recovery living environment and community.

27. Connect residents to the local community

27.a. Residents are linked to mutual aid, recovery activities and recovery advocacy opportunities.

27.b Residents find and sustain relationships with one or more recovery mentors or mutual aid sponsors.

27.c Residents attend mutual aid meetings or equivalent support services in the community.

27.d Documentation that residents are formally linked with the community such as job search, education, family services, health and/or housing programs.

27.e Documentation that resident and staff engage in community relations and interactions to promote kinship with other recovery communities and goodwill for recovery services.

27.f Residents are encouraged to sustain relationships inside the residence and with others in the external recovery community

J. Core Principle: Be a Good Neighbor

28. Be responsive to neighbor concerns

28.a. Policies and procedures provide neighbors with the responsible person's contact information upon request.

28.b. Policies and procedures that require the responsible person(s) to respond to neighbor's concerns.

28.c. Resident and staff orientations include how to greet and interact with neighbors and/or concerned parties.

29. Have courtesy rules

29.a Preemptive policies address common complaints regarding at least:

• Smoking

• Loitering

• Lewd or offensive language

• Cleanliness of the property

29.b. Parking courtesy rules are documented.

Effective September 1, 2016, state agencies and their vendors shall only be able to refer clients to certified alcohol and drug free (ADF) housing.  Any home not certified will not be able to accept clients from state agencies until certified.

Chapter 165, Section 37 of the Acts of 2014 required the Department of Public Health (DPH) to establish a process for the voluntary certification of alcohol and drug free (ADF) housing. This legislation limits state agencies and their vendors to referring to certified ADF housing.  DPH awarded a contract to the Massachusetts Alliance for Sober Housing (MASH) to be the certifying body, and the training and technical assistance vendor.

MASH will adhere to the nationally  recognized standards and practices that:

• Uphold industry best practices and support a safe, healthy, and effective recovery environment;

• Evaluate the ability of the Operator to support residents in their recovery;

• Provide for appropriate training and satisfactory completion of training for operators and staff;

• Protect occupants of ADF housing against unreasonable and unfair practices in setting and collecting rent payments; and

• Verify good standing with regard to local, state, and federal laws, regulations, and ordinances including maximum occupancy, fire safety and sanitation.

Massachusetts Sober Homes Law

In July 2014, Bill H.1828 was passed into law mandating the monitoring and voluntary certification of MA Sober Homes. Section (h) of this law (read below) states that although a sober home is not required to be certified to operate, a state agency or vendor with a statewide contract to provide treatment services, or a state agency or officer setting conditions for release, parole or discharge, may not refer a person to a residence that is not certified.

Section 18A. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Alcohol and drug free housing”, a residence, commonly known as a sober home, that provides or advertises as providing, an alcohol and drug free environment for people recovering from substance use disorders; provided, however, that, ”Alcohol and drug free housing” shall not include a halfway house, treatment unit or detoxification facility or any other facility licensed pursuant to section 7 of chapter 111E.

”Bureau”, the bureau of substance abuse services established in section 18.

”Certified alcohol and drug free housing”, alcohol and drug free housing that has been accredited by the bureau pursuant to this section.

”Director”, the director of substance abuse services.

”Operator”, the lawful owner of alcohol and drug free housing or a person employed and designated by the owner to have primary responsibility for the daily operation of such housing and for maintaining standards and conditions in such housing that create an environment supportive of substance use disorder recovery.

(b) The bureau shall establish and provide for the administration of a voluntary training and accreditation program for operators of alcohol and drug free housing seeking certification under subsection (d).

(c) The accreditation program established pursuant to this section shall maintain nationally-recognized standards and practices that:

(i) uphold industry best practices and support a safe, healthy and effective recovery environment;

(ii) evaluate the ability to assist persons in achieving long-term recovery goals;

(iii) provide for appropriate training for the operators and staff and ensure satisfactory completion of such training;

(iv) protect occupants of alcohol and drug free housing against unreasonable and unfair practices in setting and collecting rent payments; and

(v) verify good standing with regard to local, state and federal laws and any regulations and ordinances including, but not limited to, building, maximum occupancy, fire safety and sanitation codes.

(d) The bureau shall include a residence on a list of certified alcohol and drug free housing as described in subsection (f) upon receipt and review of:

(i) the completion of training as described in subsection (c);

(ii) a deed, trust document, articles of incorporation, lease or other document acceptable to the director evidencing that the individual or entity seeking certification is the lawful owner or lessee of the parcel where the housing shall be located; and

(iii) a certificate issued pursuant to section 23 of chapter 60 indicating that there are no taxes or other assessments that constitute liens on the parcel of real estate upon which the housing shall be located.

(e) The director shall periodically evaluate the quality of training being provided to operators seeking certification and the integrity and efficacy of the accreditation program.

(f) The bureau shall prepare, publish and disseminate a list of alcohol and drug free housing certified pursuant to this section; provided, however, that the list shall be updated bimonthly. The list shall be disseminated to the director of the division of drug rehabilitation and to each state agency or vendor with a statewide contract that provides substance use disorder treatment services. The commissioner of probation shall inform all district and superior court probation officers and the chief justice of the trial court shall inform all district and superior court judges on how to access the list. The list shall also be posted on the website established pursuant to section 18.

(g) The department, in consultation with the bureau, shall promulgate rules and regulations to implement this section that shall include a process for receiving complaints against certified alcohol and drug free housing and criteria by which the director may exclude a residence from the list prepared under subsection (f) if the frequency and severity of complaints received supports a determination that the alcohol and drug free housing in question does not maintain standards or provide an environment that appropriately supports the recovery goals of its residents.

[Subsection (h) added by 2014, 165, Sec. 37 effective June 1, 2015. See 2014, 165, Sec. 287.]

(h) A state agency or vendor with a statewide contract that is providing treatment or services to a person, or a state agency or officer setting terms and conditions for the release, parole or discharge of a person from custody or treatment, shall not refer that person to alcohol and drug free housing and shall not otherwise include in such terms and conditions a referral to alcohol and drug free housing unless the alcohol and drug free housing is certified pursuant to this section. Nothing in this section shall prohibit a residence that has not received certification from operating or advertising as alcohol and drug free housing or from offering residence to persons recovering from substance use disorders.

MASH CODE OF ETHICS

The MASH Code of Ethics is designed for sober home operators, staff, peer leaders and volunteers. All sober home owners, operators, and staff are required to value and respect each resident and to put each individual’s recovery and needs at the forefront of all decisions. It is the obligation of all sober home owners/operators and staff to value and respect each resident and to put each individual’s recovery and needs at the forefront of all decision making.

To meet this obligation, MASH and its certified homes adhere to the following principles:

1. Assess each potential resident’s needs and determine whether the level of support available within the sober home is appropriate. If a resident needs additional support, the sober home should provide assistance and appropriate referrals.

2. Value diversity and non-discrimination.

3. Provide a safe, home-like environment that meets MASH standards.

4. Maintain an alcohol- and illicit-drug-free environment.

5. Honor individuals’ rights to choose their recovery paths within the parameters defined by the sober home.

6. Protect the privacy, confidentiality and personal rights of each resident.

7. Provide consistent and uniformly applied rules.

8. Provide for the health, safety and welfare of each resident.

9. Address each resident fairly in all situations.

10. Encourage residents to sustain relationships with professionals, recovery support service providers and allies.

11. Take appropriate action to stop intimidation, bullying, sexual harassment and/or otherwise threatening behavior of residents, staff and visitors within the sober home.

12. Take appropriate action to stop retribution, intimidation, or any negative consequences that could occur as the result of a grievance or complaint.

13. Provide consistent, fair practices for drug testing that promote the resident’s recovery and the health and safety of the recovery environment and protect the privacy of resident information.

14. Provide an environment in which each resident’s recovery needs are the primary factors in all decision making.

15. Promote the sober home with marketing or advertising that is supported by accurate, open and honest claims.

16. Decline taking a primary role in the recovery plans of relatives, close friends, and/or business acquaintances.

17. Sustain transparency in operational and financial decisions.

18. Maintain clear personal and professional boundaries.

19. Operate within the sober home’s scope of service and within professional training and credentials.

20. Maintain an environment that promotes the peace and safety of the surrounding neighborhood and the community at large.

Important Update About Laboratory Drug Testing

MassHealth does not pay for drug testing, such as drug screening or urine screening, for residential monitoring or other non-medically necessary purposes.

“The MassHealth agency does not pay for the following services: […] (4) tests performed only for purposes of civil, criminal, administrative, or social service agency investigations, proceedings, or monitoring activities; (5) tests performed for residential monitoring purposes; […] (9) test that are not medically necessary as defined in 130 CMR 450.204: Medical Necessity; …” 130 CMR 401.411: Noncovered Services and Payment Limitations.” You can read more about MassHealth regulations at Mass.gov.

For more about drug testing, see the BSAS Practice Guidance on Drug Screening as a Treatment Tool.

In the last several years, Massachusetts has passed new laws about clinical laboratories. Sober homes cannot have drug tests processed by labs who share an owner in common with the sober house. Sober homes cannot accept any compensation, whether in cash or in kind, in exchange for having their residents’ drug tests processed by a particular lab. There are civil and criminal penalties for violating these laws.

Beginning in July 2014, the Commonwealth implemented a new law aimed at eliminating inappropriate self-referral arrangements between clinical laboratories and sober houses under common ownership. The law, amending and adding to M.G.L. ch. 111D, affecting §§ 1, 8, 8A, 13, 14 [see links below] prohibits individuals with a direct or indirect ownership interest in a clinical laboratory from sending specimens or making referrals for services to that laboratory. It also imposes similar obligations on clinical laboratories by prohibiting them from seeking or testing specimens referred by individuals with a direct or indirect ownership interest in the laboratory. The law allows for civil or criminal penalties, or both, for violations, including civil penalties of up to $100,000 for each referral or for engaging in a scheme to violate the law. Like the false claims and anti-kickback penalties, the law includes sentencing options of state prison for not more than 5 years, or house of correction for not more than 2 ½ years, a fine of up to $10,000, or both imprisonment and a fine. You can read more about the clinical laboratory anti-self-referral law, and the Medicaid Anti-Kickback Statute (M.G.L. c. 118E, § 41) at: https://oig.hhs.gov/fraud/docs/safeharborregulations/072991.htm

Prohibited activities by clinical laboratories

Self-referral prohibited

Penalties for violations

Disclosure of ownership interests

Anti-kickback

It is the Massachusetts Alliance for Sober Housing’s (MASH) policy to ensure MASH-certified sober homes and stakeholder grievances are handled respectfully, appropriately, and professionally. If you would like to file a grievance, please carefully read the following information about MASH’s formal grievance procedure. Also, please note all grievances are CONFIDENTIAL and your identity will not be disclosed to the sober home. If you have a question about any of this information, please do not hesitate to contact us. Please note: MASH manages grievances only for MASH-certified sober homes. To learn more about the certification process and why you should certify your sober home, click here.

• The formal grievance procedure includes, but is not limited to, the investigation, validation of grievance, and recommendation of the Ethics Committee regarding the standing of MASH-certified sober homes. Based on the nature of the grievance, the Committee will make recommendations and/or disqualify a sober home certification.
• The formal grievance should be documented on the MASH formal grievance form, which is found on the File a Grievance page.
• The formal grievance procedure should not be used for retribution or personal/agency gain.
• Please note: Your grievance may need to be forwarded to a local, state, federal, or judicial authority. The Massachusetts Alliance for Sober Housing does not address or enforce anything that would require legal enforcement. If your grievance requires further action by an outside agency, The Massachusetts Alliance for Sober Housing will close the grievance and inform the complainant of the decision.

PROCESS:

I. The complainant is required to file a grievance online through the MASH website. Under special circumstances where a complainant is unable to physically file a grievance, a MASH staff member may assist;
II. Upon receipt of a grievance, the investigator from Recovery Homes Collaborative (RHC) shall notify the MASH Executive Director (ED) and the MASH Ethics Committee Chair via email;
III. The RHC investigator will conduct an investigation of the grievance and may do an in-person site visit. Site visits to a MASH-certified sober home may be unannounced and the investigator must be allowed to enter the home regardless of whether or not the owner/operator is present. These site visits may also include a member of the MASH staff although the staff has no input on whether or not a grievance is substantiated.;
IV. Upon completion, the RHC investigator will issue a report to the ED and the Ethics Committee;
V. The ED and the Ethics Committee Chair will review the report and determine whether or not the Ethics Committee Chair needs to reach out to the operator to gather additional information to present to the Ethics Committee for review;
VI. At its monthly meeting, the Ethics Committee will consider and discuss the RHC report and any supporting documentation, and determine whether or not the grievance is substantiated. If the grievance is substantiated the Ethics Committee will make recommendations for corrective action;
VII. If the corrective action includes suspension or revocation of the certification, the ED and Ethics Committee Chair will prepare documentation for consideration by the Board of Directors (BOD);
VIII. In considering recommendations for corrective actions, the Ethics Committee will consider the concept of progressive discipline;
IX. If the BOD votes to suspend or revoke certification, the operator will be sent a certified letter with the BOD decision (the letter will include the standards and/or ethics violated). The operator will be invited to contact the ED and let MASH know if they wish to appeal the decision. If the operator wishes to appeal the decision he/she will be invited to the next board meeting to meet with the BOD;
X. Notice of the conclusion of the grievance will be provided to the Ethics Committee.

FORMAL GRIEVANCE
It’s important to follow the grievance procedure carefully and to document all pertinent facts, dates and information when filing a report or claim.

Step 1: Filing
A formal grievance should be filed within 30 days of when the complainant became aware of or suspected violation of MASH ethics or standards. The formal grievance should be documented on the MASH formal grievance form. Verbal grievances will not be acted upon.

Step 2: Submission
The completed MASH formal grievance form will be directed to the Recovery Homes Collaborative’s designee (investigator) for prompt processing.

Step 3: Notification of Receipt
Respondent should be notified by email or telephone within 3 business days of the receipt of the grievance. The investigator will forward a copy of the grievance to the MASH Executive Director and the MASH Ethics Committee.

Step 4: Investigation
Within 14 days of receipt of the written grievance, the investigator will complete an investigation of the matter and report the findings in writing to the MASH Executive Director and Ethics Committee. The investigation may include telephone or in-person interviews with the parties and witnesses, site visits to the sober home and review of written records. Site visits to a MASH-certified sober home may be unannounced and the investigator must be allowed to enter the home regardless of whether or not the owner/operator is present. An extension of no more than 14 days may be granted for investigations that take longer than the initial 14-day timeframe.

Within 30 days of receipt of the findings of the investigator, the Ethics Committee will record its findings and decision. An extension of no more than 30 days may be granted for investigations that take longer than the initial 30-day timeframe. No member of the Ethics Committee shall intentionally try to stall, prolong, or delay proceedings. The Ethics Committee may render its decision solely on the basis of the grievance and the investigator’s report or may request the complainant or respondent to appear separately in front of the Ethics Committee to gather additional information. A complainant or respondent does not have the right to demand to appear in person before the Ethics Committee.

Step 5: Presentation to the Board
If the Ethics Committee determines that a house should be recommended for suspension, decertification or denial of an operator’s certification; they must present this to the MASH Board of Directors for their determination. The presentation shall include the original grievance; the RHC investigation report, additional information as a direct result of the grievance, and the recommendation or action recommended.

Step 6: Board Decision / Recommendation (in the case of a suspension, decertification or denial)
The MASH Board of Directors will discuss and vote on the suspension, decertification or denial of Certification. A report of the findings, voting results and corrective actions to be taken will be provided to the respondent via certified letter within 14 business days after the general meeting. The proceedings will be recorded in the meeting minutes as an official record. If an operator wishes to appeal the board’s decision they will be given the opportunity to meet with the BOD at the next BOD meeting. The operator must inform the MASH ED that they would like to appeal the BOD’s decision prior to the next BOD meeting.

What else did I discover?

I also discovered there are 186 certified Sober Homes in Massacusetts. To be honest, I was shocked about the number of Sober Homes available. Interesting enough, most Sober Homes are located in cities, not small residential neighborhoods like Marblehead.

The neighbors were quite alarmed of this decision. As far as I know, the Town Administration was not made aware of the sale. This particular property sits in a well established neighborhood filled with young children and families. The last thing they ever anticipated was to have a Sober Home next door or close by. Most neighbors are and still are in a state of shock..

Doing a little digging, I discovered this Sober Home can welcome up to 20 men to stay in the home at one time. Each man paying about $250/week. This translates to a total of about $5,000/week or $21,667/month in gross rental revenue. In other words, this Sober Home is being run as a business to earn a profit. It is my understanding to run a business in Marblehead, the property has to be zoned for business. Apparently this does not apply to a Sober Home. The state sets the rules for operating a Sober Home and not the town or city. Many of the neighbors were quite upset because if they wanted to set up a business in the neighborhood or make modifications to their property, they would have to apply for a series of permits and in some cases variances. The process would require lots of paperwork, meetings, fees, and all the neighbors would be notified about the request. The neighborhood felt they were kept out of the loop of this transaction on purpose. Scott Murray wanted to sneak the Sober Home into the neighborhood prior to anyone knowing so he would not get any type of push back or resistance. Based on what I know…Did Scott break any laws? …NO.

However, let’s be totally honest. Did Scott believe everyone in the neighborhood was going to simply welcome the Sober Home? Would the neighbors be concerned about their safety and property values? Would any of the neighbors have bought their homes if they knew there was a Sober Home next door? Interesting enough the property right next door sold. I have to wonder did the property owner know about the Sober Home going in? Did the real estate agent and home owner advise the new owners of the existence of the Sober Home?

Additional concerns of the neighbors include:

How are the people screened before being admitted into the Sober Home?

Who decides who is allowed to stay?

What are the qualifications?

Are there background checks on the men for previous criminal acts, violence, sexual predators, etc?

Who oversees the Sober Home and makes sure the men comply with the terms & conditions of living there?

What do the neighbors do if there is an unacceptable issue?

Who is responsible for the up-keep of the home and grounds?

What happens if Scott Murray can not pay his lease payment and operating costs?

There have been articles and letters to the editors that have not exactly been positive about the attitude of the neighborhood not wanting a Sober Home in their “backyard”. This statement is not a fair one because I believe that a majority of the people realize these types of homes are necessary, but the issue is the neighbors were not given a choice if they wanted to live in a neighborhood that had one. I believe many people would think twice about buying a home next door to a Sober Home.

It is my belief the Sober Home is one way to help people that might very well end up homeless to have a place to stay until they can get their feet back on the ground. The cities have lots of the Sober Homes and most likely feel the suburbs should share in the burden. The suburbs, like Marblehead and Swampscott, have many large homes that many families can not afford to maintain and will most likely be converted to Sober Homes. This is also especially true where there is access to public transportation and virtually no restrictions the towns can apply.

It appears this Sober Home is here to stay unless for some reason the lease payments can not be made or something terrible happens. Time will tell.

Thought some basic math might be interesting in reviewing. The Sober Home sold for $950,000 and the real estate taxes as of 2021 are listed at $7,661 or $638/month. Below is an estimated monthly cost of a mortgage and the real estate taxes based on various mortgage rates.

I have no idea of the mortgage rate nor the mortgage balance of the Sober Home. As an example, let’s use a mortgage rate rate of 4% for 30 years plus real estate taxes for a mortgage of $800,000. This translates to a monthly payment of $4,457. Now if the weekly rate to stay at the Sober Home is $250/week or $1,083/month it would require 4.12 guests per month just to cover the mortgage & taxes.

However, the monthly costs also require heat, electricity, water/sewer, cleaning products, and general maintenance. Therefore, best guess is it will require 7-10 guests every week to cover the basic costs.