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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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On November 14, 2002, the authority served the tenants with a thirty-day notice to quit. The reason for the eviction was the tenants’ continued excessive noise, in violation of the terms of *303their lease, after having been notified on numerous occasions about the problem and having agreed to modify their offending conduct. The tenants filed a complaint with the authority pursuant to the grievance procedure promulgated by the Department of Housing and Community Development, see 760 Code Mass. Regs. § 6.08 (1998), alleging that they had been issued an unfair notice to quit based on “subjective complaints,” and they requested that the notice be withdrawn."7 In response, the authority held a resolution conference on November 25, 2002, at which the tenants’ son presented medical documentation that his mother was suffering from pain and depression, the parties discussed what could be done to resolve the noise issue, and the tenants requested that the authority withdraw the notice to quit because Barskaya was ill. See id. at § 6.08(4)(b). Following the conference, the authority sent the tenants a letter reminding them about making arrangements for Barskaya to receive medical attention, advising them that the authority would not be withdrawing its notice to quit,8 and informing them that a grievance hearing would be scheduled. See id. at § 6.08(4)(c).