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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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Although the authority refused to withdraw the notice to quit or delay eviction proceedings, it made every effort to engage in an interactive process for ascertaining and accommodating Bar*313skaya’s condition. It communicated with the tenants and their son on numerous occasions about ways of resolving the excessive noise problem. Although it tried to steer the tenants to appropriate services, the authority has no power to compel the tenants to seek medical attention, see G. L. c. 121B, § 26, and there was evidence that Barskaya was resistant to treatment. When, in April, 2003, the tenants requested physical modifications to their apartment, the authority promptly responded to the request by investigating the proposals and evaluating their feasibility.19 Beyond the steps taken here, it is not reasonable to require a public housing authority to diagnose its tenants’ medical problems, to ensure that they are receiving appropriate care, and to ignore the impact of lease-violating behavior on other residents in the name of making an accommodation.