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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Andover Housing Authority v. Shkolnik, 443 Mass. 300 (2005)

Citation
Andover Housing Authority v. Shkolnik, 443 Mass. 300 (2005)
Parent Document
Andover Housing Authority v. Shkolnik, 443 Mass. 300 (2005)
Jurisdiction
Massachusetts (state)
Effective Date
2005-01-14

Other Sections in This Document (43)

Full Text

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Spina, J.
In this summary process action, the Andover Housing Authority (authority), operator of the State-assisted Frye Circle public housing project for the elderly and disabled (Frye Circle), sought to evict Izrail Shkolnik and his wife, Ginda Barskaya (collectively, the tenants), from their apartment for excessive noise in violation of the terms of their lease. A judge in the Housing Court granted possession to the authority, and the tenants appealed. We granted the tenants’ application for direct appellate review. The tenants claim that the authority discriminated against them in violation of the Federal Fair Housing Amendments Act (Fair Housing Act), 42 U.S.C. § 3604 (f)(3)(B) (2000); the Federal Rehabilitation Act (Rehabilitation Act), 29 U.S.C. § 794 (2000); and the Massachusetts antidiscrimination statute, G. L. c. 151B, § 4 (7), because the authority failed reasonably to accommodate Barskaya’s health problems by withdrawing or delaying eviction proceedings. For the reasons that follow, we affirm the judgment below.2