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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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When reviewing the trial judge’s decision, we accept his findings of fact as true unless they are clearly erroneous, and we give due regard to the judge’s assessment of the witnesses’ credibility. See Mass. R. Civ. P. 52 (a), as amended, 423 Mass. 1402 (1996). See also Perez v. Boston Hous. Auth., 379 Mass. 703, 705 (1980). On the other hand, “we scrutinize without deference the legal standard which the judge applied to the facts.” Kendall v. Selvaggio, 413 Mass. 619, 621 (1992). When interpreting those specific provisions of G. L. c. 151B that are pertinent here, we consider Federal case law construing cognate provisions of the Fair Housing Act unless we discern a reason to depart from those decisions. See New Bedford v. Massachusetts Comm’n Against Discrimination, 440 Mass. 450, 463 n.26 (2003); Dahill v. Police Dep’t of Boston, 434 Mass. 233, 237-238 (2001).