ANDOVER HOUSING AUTHORITY v. SHKOLNIK


443 Mass. 300 (2005)

ANDOVER HOUSING AUTHORITY v. IZRAIL SHKOLNIK & another.

Supreme Judicial Court of Massachusetts, Essex.

January 14, 2005.


Attorney(s) appearing for the Case

John S. Wessler for the defendants.

Martin J. Rooney for the plaintiff.

The following submitted briefs for amici curiae:

Steven S. Locke & Caitlin A. Sheehan for Massachusetts Commission Against Discrimination.

Susan Ann Silverstein & Michael R. Shuster for AARP.

Lowry E. Heussler for Avon Housing Authority & others.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


SPINA, J.

In this summary process action, the Andover Housing Authority (authority), operator of the State-assisted Frye Circle public housing project for the elderly and disabled (Frye Circle), sought to evict Izrail Shkolnik and his wife, Ginda Barskaya (collectively, the tenants), from their apartment for excessive noise in violation of the terms of their lease. A judge in the Housing Court granted possession to the authority...

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