Massachusetts

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Whittier Terrace Associates v. Hampshire


Defendant was a person with a psychiatric disability and living in public housing. Defendant claimed to have an emotional and psychological dependence on her cat. The court held that the housing authority discriminated against defendant under Section 504 of the Rehabilitation Act for failure to waive the no pets policy as a reasonable accommodation for the mental disability. The court noted that there must be a narrow exception "to the rigid application of a no-pet rule, involving no untoward collateral consequences," because the handicapped person could fully receive the benefits of the program if provided the accommodation.
Rosenfeld v. Zoning Bd. of Appeals of Mendon


A zoning board granted landowner’s application for a special permit, and neighbor property owners appealed. The Appeals Court of Massachusetts held that defendant’s proposed use of land for horse stables fit within the agricultural use exception of the zoning ordinance and by-laws, and that plaintiffs had standing to enforce a deed restriction on defendant’s property.
Reporting Animal Cruelty
O'Keefe v. Stevenson In this case, the plaintiffs appealed a Zoning Board that granted their neighbor a special permit allowing four dogs to be kept at Ms. Sullivan's home. The dogs—pedigreed Eurasiers—are Ms. Sullivan's personal pets and live with Ms. Sullivan inside her house, have someone with them at all times, and spend most of their time indoors. When they are outside, they are confined to a chain-link fenced-in area behind the house. The permit has some conditions that must be met for the dogs to remain on the property, one of which is the dogs not become a nuisance. The court affirmed the grant of the special permit based on the testimony and exhibits admitted at trial after assessing the credibility, weight, and appropriate inferences to be drawn from that evidence. The Board's decision granting the special permit was AFFIRMED.
Nutt v. Florio


This Massachusetts case involves an appeal of a summary judgment in favor of the landlord-defendant concerning an unprovoked dog attack. The dog, described as a pit bull terrier, was kept by a tenant of Florio's. The court found that, while the defendants cannot be held strictly liable by virtue the dog's breed, "knowledge of that breed and its propensities may properly be a factor to be considered in determining whether the defendants were negligent under common-law principles." Reviewing the record de novo, the court held that this question and the defendant's knowledge of the dog's propensities, created a genuine issue of material fact. The order of summary judgment for defendant was reversed and the case was remanded.
Nason v. Stone Hill Realty Association A tenant with multiple sclerosis took in her mother's cat when her mother became ill. The housing authority had a no pets policy and requested that the tenant remove the pet from the premises. The tenant in turn offered a letter from her physician stating that "there would be serious negative consequences for her health if she was compelled to remove the cat." The court held that the tenant did not meet her burden of proving a nexus between the cat and her multiple sclerosis, reasoning that the physician's note does not state that the cat is necessary to alleviate her symptoms and that a more reasonable accommodation may be available.
Medeiros v. Lloyd
Massachusetts General Law Statutes 1921: Sections 77-96 The 1921 of Massachusetts General Laws sections 77-96 cover the following topics: animal cruelty, treatment of horses, bird fighting, shooting of pigeons, procedural issues concerning an arrest for cruelty to animals, and transportation of animals.
Massachusetts General Law Statutes 1860-1872: Chapter 344: Sections 1-3 The Massachusetts law from 1869 stated in Chapter 344 concerns the treatment of animals. The first section is a generic animal cruelty act. The second section details the punishment for owners of animals that allow their animals to be treated cruelly by a third party. The third section concerns the treatment of animals during transportation.
Massachusetts 1854-1859: Chapter 96: An act to prevent cruelty to animals Section 1 from Chapter 96 of Massachusetts General Laws of 1859 covers cruelty to animals.  Specifically, the law covers what qualifies as cruelty to animals and the punishment for it.

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