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             [LETTERHEAD OF BALLARD SPAHR ANDREWS & INGERSOLL, LLP]


                                                                     Exhibit 5.1

                                                                     File Number
                                                                     895086



                                 January 7, 2003


Berkshire Income Realty, Inc.
Suite 1500
One Beacon Street
Boston, Massachusetts 02108

       Re: REGISTRATION STATEMENT ON FORM S-11 (FILE NO. 333-98571)

Ladies and Gentlemen:

       We have served as Maryland counsel to Berkshire Income Realty, Inc., a
Maryland corporation (the "Company"), in connection with certain matters of
Maryland law arising out of the issuance by the Company of up to 3,010,941
shares (the "Shares") of its 9% Series A Cumulative Redeemable Preferred
Stock, $.01 par value per share ("Preferred Stock"), covered by the
above-referenced Registration Statement, and all amendments thereto
(collectively, the "Registration Statement"), filed by the Company with the
United States Securities and Exchange Commission (the "Commission") under the
Securities Act of 1933, as amended (the "1933 Act"). The Shares will be
issued in exchange for the following interests in six mortgage funds
(collectively, the "Interests"): (i) shares of beneficial interest of Krupp
Government Income Trust, a Massachusetts trust; (ii) shares of beneficial
interest of Krupp Government Income Trust II, a Massachusetts trust; (iii)
units of depositary receipts representing units of limited partner interests
of Krupp Insured Mortgage Limited Partnership, a Massachusetts limited
partnership; (iv) units of depositary receipts representing units of limited
partner interests of Krupp Insured Plus Limited Partnership, a Massachusetts
limited partnership; (v) units of depositary receipts representing units of
limited partner interests of Krupp Insured Plus II Limited Partnership, a
Massachusetts limited partnership; and (vi) units of depositary receipts
representing units of limited partner interests of Krupp Insured Plus III
Limited Partnership, a Massachusetts limited partnership. Capitalized terms
used but not defined herein shall have the meanings given to them in the
Registration Statement.

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Berkshire Income Realty, Inc.
January 7, 2003
Page 2

       In connection with our representation of the Company, and as a basis
for the opinion hereinafter set forth, we have examined originals, or copies
certified or otherwise identified to our satisfaction, of the following
documents (hereinafter collectively referred to as the "Documents"):

       1. The Registration Statement and the related form of prospectus
included therein in the form in which it was transmitted to the Commission
under the 1933 Act (the "Prospectus");

       2. The charter of the Company, certified as of a recent date by the
State Department of Assessments and Taxation of Maryland (the "SDAT");

       3. The form of Articles of Amendment and Restatement of the Company to
be filed with the SDAT immediately prior to the issuance of the Shares (the
"Charter"), certified as of the date hereof by an officer of the Company;

       4. The Bylaws of the Company, certified as of the date hereof by an
officer of the Company;

       5. A certificate of the SDAT as to the good standing of the Company,
dated as of a recent date;

       6. Resolutions adopted by the Board of Directors of the Company
relating to the issuance and registration of the Shares, certified as of the
date hereof by an officer of the Company;

       7. A certificate executed by an officer of the Company, dated as of
the date hereof; and

       8. Such other documents and matters as we have deemed necessary or
appropriate to express the opinion set forth below, subject to the
assumptions, limitations and qualifications stated herein.

       In expressing the opinion set forth below, we have assumed the
following:

       1. Each individual executing any of the Documents, whether on behalf
of such individual or another person, is legally competent to do so.

       2. Each individual executing any of the Documents on behalf of a party
(other than the Company) is duly authorized to do so.

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Berkshire Income Realty, Inc.
January 7, 2003
Page 3


       3. Each of the parties (other than the Company) executing any of the
Documents has duly and validly executed and delivered each of the Documents
to which such party is a signatory, and such party's obligations set forth
therein are legal, valid and binding and are enforceable in accordance with
all stated terms.

       4. Any Documents submitted to us as originals are authentic. The form
and content of any Documents submitted to us as unexecuted drafts do not
differ in any respect relevant to this opinion from the form and content of
such Documents as executed and delivered. Any Documents submitted to us as
certified or photostatic copies conform to the original documents. All
signatures on all Documents are genuine. All public records reviewed or
relied upon by us or on our behalf are true and complete. All
representations, warranties, statements and information contained in the
Documents (including, without limitation, the representations, warranties,
statements and information contained in the Prospectus under the caption
"Capitalization") are true and complete. There has been no oral or written
modification of or amendment to any of the Documents, and there has been no
waiver of any provision of any of the Documents, by action or omission of the
parties or otherwise.

       5. Prior to the issuance of the shares by the Company, the Charter
will have been filed with, and accepted for record by, the SDAT.

       6. The Shares will not be issued in violation of the restrictions on
ownership and transfer of shares of stock of the Company set forth in Article
7 of the Charter.

       Based upon the foregoing, and subject to the assumptions, limitations
and qualifications stated herein, it is our opinion that:

       1. The Company is a corporation duly incorporated and existing under
the laws of the State of Maryland and is in good standing with the SDAT.

       2. The Shares have been duly authorized and, when and if issued and
delivered in exchange for the Interests in accordance with the Registration
Statement, the Shares will be validly issued, fully paid and non-assessable.

       The foregoing opinion is limited to the substantive laws of the State
of Maryland and we do not express any opinion herein concerning any other
law. We express no opinion as to compliance with any federal or state
securities laws, including the securities laws of the State of Maryland, or
as to federal or state laws regarding fraudulent transfers. To the extent
that any matter as to which our opinion is expressed herein would be governed
by any jurisdiction other than the State of Maryland, we do not express any
opinion on such matter.

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Berkshire Income Realty, Inc.
January 7, 2003
Page 4


       The opinion expressed herein is limited to the matters specifically
set forth herein and no other opinion shall be inferred beyond the matters
expressly stated. We assume no obligation to supplement this opinion if any
applicable law changes after the date hereof or if we become aware of any
fact that might change the opinion expressed herein after the date hereof.

       This opinion is being furnished to you for submission to the
Commission as an exhibit to the Registration Statement.

       We hereby consent to the filing of this opinion as an exhibit to the
Registration Statement and to the use of the name of our firm therein. In
giving this consent, we do not admit that we are within the category of
persons whose consent is required by Section 7 of the 1933 Act.

                                   Very truly yours,

                                   /s/  Ballard Spahr Andrews & Ingersoll, LLP