Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)

Citation: Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)
Parent Document: Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)
Jurisdiction: Massachusetts (state)
Effective Date: 2019-04-10
Original Source: https://www.courtlistener.com/opinion/7178223/adjartey-v-cent-div-of-the-hous... ↗

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We see no reason to limit these aspects of the McDonough holding to witnesses or to criminal trials. See id. at 520 n.19, 930 N.E.2d 1279 (noting that "[s]ome or all of the ... trial court guidance" outlined may be applicable in civil context). We therefore conclude that where a party in a summary process eviction action alerts the court and the adverse party to a disability requiring accommodation, the court, if it determines that the *315party indeed has a disability, shall provide the disabled party with reasonable accommodation. **849See Massachusetts Court System, ADA Accessibility Policy (2018) (Accessibility Policy) (recognizing duty, where reasonable, to "provide appropriate aids and services to qualified persons with disabilities so they can participate equally in the services, programs, or activities of the Judiciary"). What accommodation is reasonable must be determined on an individualized basis depending on the particular circumstances presented. See Garcia v. Department of Hous. & Community Dev., 480 Mass. 736, 749, 108 N.E.3d 945 (2018) ("The determination whether an accommodation is reasonable is fact-specific, and made on a case-by-case basis"). The "ADA does not require the Judiciary to take any action that would fundamentally alter the nature of its services, programs, or activities, or result in an undue financial or administrative burden." Accessibility Policy, supra. We further conclude that judges considering requests for reasonable accommodations should accompany their decisions with "findings adequate to permit [appellate] review."27 McDonough, 457 Mass. at 526, 930 N.E.2d 1279.

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