Skip to main content
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

1,125 chars
A delay might have been a reasonable accommodation if no neighbors were being seriously disturbed by the tenants’ behavior. However, that was clearly not the case. See, e.g., City Wide Assocs. v. Penfield, 409 Mass. 140, 143-144 (1991) (forbearance from eviction proceedings constituted reasonable accommodation where damage caused by mentally disabled tenant was small and no evidence that other tenants affected by conduct). Taylor’s rights need not have been sacrificed “on the altar” of reasonable accommodation. See Groner v. Golden Gate Gardens Apartments, 250 F.3d 1039, 1046 (6th Cir. 2001). Nearly seven months passed from the time that the tenants were served with the notice to quit and the trial was held in the summary process action. That was more than ample time for the tenants to put in place an effective treatment plan for addressing Barskaya’s health problems while eliminating, or significantly reducing, the excessive noise emanating from her apartment. The fact that Taylor was still complaining about the noise on a daily basis in May, 2003, suggests that the tenants were unable to abate the problem.