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
Original Source: https://www.courtlistener.com/opinion/6579082/andover-housing-authority-v-shkolnik/ ↗

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The trial judge made no determination, either as a matter of fact or law, that Barskaya was “handicap[ped],” as that term is defined in the Fair Housing Act, 42 U.S.C. § 3602 (h), and G. L. c. 151B, § 1 (17). The tenants were required to demonstrate three factors: (1) Barskaya’s condition constituted a physical or mental “impairment”; (2) that affected at least one of her “major” life activities; (3) to a substantial degree. See New Bedford v. Massachusetts Comm’n Against Discrimination, 440 Mass. 450, 462-463 (2003), and cases cited. See also Bercovitch v. Baldwin Sch., Inc., 133 F.3d 141, 155 (1st Cir. 1998). Analysis of whether each of these factors has been established is critical because not every physical or mental impairment is considered to be a “handicap.” See New Bedford v. Massachusetts Comm’n Against Discrimination, supra at 462. See also Soileau v. Guilford of Me., Inc., 105 F.3d 12, 15 (1st Cir. 1997). Although the judge’s opinion does not indicate that he engaged in this analysis, his opinion suggests that he found that Barskaya was handicapped because the judge opines that if the tenants’ recurring noise disturbances were not causally related to Barskaya’s disabilities, then the authority would be entitled to possession of the property for lease violations. Because the authority has not challenged whether Barskaya’s impairments constituted a “handicap,” we will assume, without deciding, that they did.

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