The Poly Problem in Zoning: Redefining “Family” for a Changing Society

By ARIC SHORT & TANYA PIERCE. Full Text.

Single-family zoning has long dictated not only where people may live but also with whom. Although extensively critiqued for perpetuating racial and economic exclusion, these laws also privilege relationships defined by blood, marriage, or adoption and marginalize nontraditional families. This Article focuses on a particularly overlooked group: polyamorous families who often face legal uncertainty, social exclusion, and housing discrimination due to restrictive zoning definitions of “family.”

As polyamory gains cultural visibility and increasing legal recognition—through West 49th Street, LLC v. O’Neill and municipal reforms in cities like Somerville and Cambridge—now is the time to examine zoningÊs role in reinforcing outdated conceptions of family. Drawing on recent demographic data on poly relationships and broader shifts in family structure, this Article traces how zoning definitions have evolved from early functional approaches to rigid frameworks that exclude nontraditional households. It then argues for reform, proposing a new definition that recognizes relationships of mutual support, care, and commitment, aligning with Obergefell v. Hodges and modern family realities.

Updating zoning definitions is both a legal necessity and a recognition of how families actually function today. By removing outdated barriers, municipalities can create inclusive, equitable housing policies that reflect the full spectrum of familial relationships. This Article provides a path toward reform to ensure every family, regardless of structure, has the right to call a place home.