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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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This court has rejected the idea that indefinite requests for “more time” to address a disabling condition are reasonable. *312See, e.g., Russell v. Cooley Dickinson Hosp., Inc., 437 Mass. 443, 455-456 (2002) (reasonable accommodation does not require employer to give employee indefinite leave of absence to resolve medical issue). Here, the judge’s finding that withdrawal of the notice to quit or delay of the eviction proceedings would have served no useful purpose was warranted.18 While we are mindful that the tenants’ interest in maintaining their housing is significant, they have nonetheless failed to meet their burden of showing that their requested accommodation was reasonable. There was simply a lack of evidence that if the tenants’ eviction was delayed, they could conform their conduct to the terms of their lease, particularly where they were denying that they were the cause of a significant problem.