Legal Question in Landlord & Tenant Law in Massachusetts
reasonable accomadation
In Mass. Do I have any legal grounds to allow my Mentally Ill son to stay in my Apt. if Landlord does not want him here. At the time he was told he could no longer be here, he was in full pchychosis, (non- medicated). Landlord thinks he is not ill!!. I just had him sectioned and he has been released from the Hospital with nowhere to go. He is well medicated and I can be sure he takes it. The Landlord has told me in the past, that is no longer allowed here. I think he is scared of his Mental Illness. I have been a mo.-mo. tenant for 25 years. Is there anything I can do to have my son stay with me legally. He is 22 and not able to care for himself at the time. Does my Landlord have to accomodate him?? All My son has to do is take his meds and do his follow-up appts. Which will cost Landlord nothing. It is cold outside and I can't see him sleeping outside.
Any advice will be very helpful
Thank you
1 Answer from Attorneys
Re: reasonable accomadation
You may want to consult a mental health expert, but I suspect that your landlord is within his rights. Your landlord is not operating a public facility, and thus he is not necessarily obligated to provide an accommodation for someone disruptive or dangerous. Your landlord has an obligation to all tenants for safety and for comfort -- "quiet enjoyment" of their units. He certainly can, and must, balance your desire with this obligation.
If this is a small owner-occupied unit, he has very clear rights to discriminate for his own comfort.
While you do not want your son homeless, you may have to seek another apartment of your son is to live with you. The landlord, especially of an owner-occupied multi-family, has the right to determine who his tenants are, unless he engages in UNLAWFUL discrimination. Your son's history, if it includes violence or significant disruption, can certainly give rise the right to refuse to allow him to occupy.
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