COMMONWEALTH OF
MASSACHUSETTS
Suffolk, ss.
SUPERIOR
COURT DEPARTMENT
OF THE TRIAL COURT
SUPERIOR COURT CIVIL ACTION DOCKET NO. SUCV 2013-1640 - B
________________________________________________________________________
Phillip Ofume ( Pro se)
Applicant/Plaintiff
v.
Cynthia Hector and Allan Hector
Respondents/Defendants
and
National Grid (A/C #
52220-18340)
Respondent/Defendant
and
NSTAR, Residential Electric
Business (A/C #80-2221-603-1058)
Respondent/Defendant
and
Boston Water
Commission
Respondent/Defendant
__________________________________________________________
APPLICANT/PLAINTIFF
, PHILLIP OFUME'S EMERGENCY MOTION AND
MEMORANDUM FOR SUMMARY JUDGMENT
PURSUANT TO Mass. R.C.P. and
Fed. R. Civ. P. 56
______________________________________________________________________________
A.
STATEMENT OF MOTION
NOW COMES, the Applicant/Plaintiff Phillip Ofume, respectfully request that this
Honourable Court advance a finding of Summary Judgment in his favor.
In support of this Motion, the Applicant/Plaintiff will rely on the undisputed facts in
landlords/Defendants’ Motion to Dismiss Plaintiff’s Complaint
which was dismissed by this Court on June 7, 2013 and other Defendants’
facts taken under oath during the hearings on May 30, 2013 and June 7, 2013 and
applicable law contained in the enclosed
memorandum of law and Affidavit of Dr. Phillip Chukwuma Ofume and marked
EXHIBIT A.
B. BASIC INTRODUCTION
This dispute has arisen out from the multiple
rental and utility services misconducts and CMR code violations of the
landlords and other defendants. Plaintiff and his children rented defendants
two bedroom apartment located at 41 Gallivan Boulevard 1st Floor
Dorchester MA 02124. The two bedroom which the landlord rented out to him and
his family are invaded by molds and lead and then Plaintiff has under 6-year
old child. The apartment has other several defects such as lack of heat and
serviceable heating system, no serviceable cooking stove; leakages from the
windows and roof, blocked bath sink, etc.
Plaintiff and the landlords signed yearly lease and the monthly rent is
$400.00 but the landlords forced the Plaintiff and his family to pay $750.00
per month with $350.00 over-payment. Plaintiff alleges that the landlords
joined his political opponents in the United States to mistreat him and his
family. In July 2012 the landlords disconnected his hot water and there is no
heat in the apartment but Plaintiff pay utility with his rent to the
landlords.. Landlords received advanced monthly double rents and utility
payments and Plaintiff has paid advance rents which if computed at $400.00 per
month would extend to June 2014. Effective July 2012 Plaintiff started pleading
to the landlords to fix the defects in his apartment but the landlords with
large amount of advanced rents refused to fix the defects in his apartment.
Starting from August 2012 the Plaintiff petitioned the defendants to Hon.
Secretary of Energy, Boston Water Commission, Federal Environmental Protection
Agency (FEPA), Boston Public Health Commission, City of Boston Inspectional
Services Department (ISD), etc. These petitions forced these agencies to
conduct inspection in April 2013 and
Plaintiff’s hot water was reconnected on April 16, 2013 and in retaliation the
landlords filed Eviction Complaints against the Plaintiff and his family without
exhausting the preliminary administrative remedy such given Plaintiff and his
family 14-day Notice to Quit. In further retaliation, on June 5, 2013 the
landlords and National Grid conspired to
disconnect Plaintiff’s and his family’s
hot water and gas and left this
family with nothing and no rent and utility are owing. The double advanced rent which Plaintiff paid
to the landlords will expire in June 2014. Plaintiff alleges that the landlords
joined his political opponents in the United States to mistreat him and his
family because of Plaintiff’s bid for the President of Nigeria past and 2015.
C. AGREED UPON MATERIAL
FACTS
B.1.
Defendants/Landlords, Rev. & Mrs. Allan/Cynthia Hector are the owner of the
rental apartment located at 41 Gallivan Boulevard 1st Floor
Dorchester, MA 02124. Under politicized 11th homelessness since
August 2009, on June 13, 2012 the Plaintiff and his family rented this
apartment which is inhabitable two bedroom at monthly rent of $400.00 with
molds and lead and one of the Plaintiff children was 5 years. Plaintiff paid
the landlords advanced rent of $200.00 for the remaining days in June 2012 and
$200.00 for part of July 2012 because the landlords told Plaintiff and his
family that they will use this money to remove the molds and lead in these two
bedrooms. One is infected with molds and the other room is infected with lead.
The two bedrooms rented are not habitable. June 13, 2012 through April 15, 2013
the landlords refused to remove the molds and to present time the landlords
have not removed the lead.
B.2. The landlords and the Plaintiff signed yearly
Lease and the monthly rent is $400.00. Under threat of forcible eviction by the
Boston Police Department, the landlords forced the Plaintiff and his family to
pay $750.00 with monthly over-payment of $350.00 and to enable Plaintiff and
his family have roof over their head they were forced to paying $750.00 per
month. The lease is herewith attached
and marked EXHIBIT B;
B. 3. under irate
political manipulation and conspiracy, on July 1, 2012 the landlords and Boston
Water Commission disconnected the hot and cold water in all taps in their
apartment which transports hot water or hot and cold waters were disconnect. EXHIBITS
G, H, I, J, K, etc
compelled the landlords to reconnect these cold and hot waters on April
16, 2013. Because the landlords have influenced the Boston Public Health
Commission and , City of Boston
Inspectional Services Department (ISD)on June 5, 2013 the landlords and
National Grid conspired to disconnect
Plaintiff’s and his family’s hot
water and gas and left this family with
nothing and no rent and utility are owing.
The double advanced rent which Plaintiff paid to the landlords will
expire in June 2014 (EXHIBITS C, D, E,
F, G, H, ). On June 13, 2013 ABCD INC told Plaintiff that it’s corporation
is surprised to hear that National Grid disconnected his gas because in March
2013 ABCD gave National Grid surplus large additional payment of $600.00 (EXHIBIT K).
B.4. EXHIBITS G, H, I, J, K,
etc in support of Plaintiff’s Opposition to the Landlords/ Defendants’ Motion
to Dismiss Plaintiff’s Complaint are CMR
reports of multiple code violations issued against the Landlords, Rev. &
Mrs. Allan/Cynthia Hectors. These reports were
written by the Boston Public Health Commission (4/29/2013), City of
Boston Inspectional Services Department (ISD), Emergency Inspection
(4/11/2013). In the apartment there are several other defects such lack
of heat and serviceable heating system, June 13, 2012 through December 2012
there is no serviceable cooking stove and the Plaintiff and his family travel
to distance place to cook and the landlords continued to receive utility
money (gas, water and electricity) from the Plaintiff and his
family. Plaintiff and his family inherited blocked bath sink, broken window and
doors, window and roof leakages, etc.
B.5. Because of
the hassle by the landlords for money and because one of the landlords
is staff of the Boston Police Department with the claim of having the power to
do and undo to oppress political homeless people like Plaintiff and his family,
thus they rented out two inhabitable bedrooms with molds and lead to the
Plaintiff and his six children and his wife including one under 6-year
child;
B.6. To fix the defects in Plaintiff’s apartment
which were cited under the CMR, severally Plaintiff wrote and telephoned , Rev.
Allan Hector and Cynthia Hector, National Grid, NSTAR, Hon. Secretary of
Energy, Boston Water Commission, Federal Environmental Protection Agency
(FEPA), Boston Public Health Commission, City of Boston Inspectional Services
Department (ISD), etc. and the landlords engaged in lobbying these agencies and
soon as Plaintiff expanded his petitions to the President/Vice-President and Congress
of the United States, World Health organization, lately in April 2013 Boston
Public Health Commission, City of Boston Inspectional Services Department (ISD)
were compelled to conduct inspection and in retaliation the landlords filed
Eviction Complaints against the Plaintiff and his family without exhausting the
preliminary administrative remedy such given Plaintiff and his family 14-day
Notice to Quit. See EXHIBITS L, M, N, O, P Q, and R
B.7. Reliant on the vulnerable conditions of the
Plaintiff and his family, June 13, 2012 through March 2013 the landlords continued to force them to pay
advance rents that they(landlords) will use part of the money to fix the
multiple defects in the Plaintiff’s and family’s apartment
B.8.
Plaintiff and his family has suffered 11 politicized evictions and homelessness
because of the Plaintiff bid for the President of Nigeria past and 2015 and the
landlords and the utility companies have capitalized on these persecutions to
force them to pay over 12 months advanced rents which were paid by checks and
cash. Plaintiff and his family have been doing intensive alternative apartment
search but the landlords have been given Plaintiff and his family negative
references and other landlords and real estate companies have been denying
their applications.
B.9. Against the Rules of this Court , Mass
General Law, and Mass Rules of Civil
Procedure, the landlords proceeded to
file Eviction Complaint without 14-day NOTICE TO QUIT issued on the Plaintiff.
B.10. Against the Rules of this Court , Mass
General Law, and Mass Rules of Civil
Procedure, the landlords proceeded to
file Eviction Complaint because Plaintiff petitioned the Hon. Commissioner/Secretary of Energy, Hon. Secretary of the Department
of Health and Human Services, Federal Environmental Protection Agency, City of
Boston Mayor and his agencies, World Health Organization (WHO), United States
Senate, President & Vice-President of the United States, etc to conduct
inspection in his apartment to fix the multiple defects and violation of CMR
after he (Dr. Phillip Ofume) has issued several oral and written notices on the
landlords. A shortlist of the physical notices which the Plaintiff wrote and
sent to and received by the landlords (Rev. & Mrs. Allan/Cynthia Hector)
July 2012 through September 2012 are attached and marked EXHIBITS L, M, N, O, P Q, and R
B.11. Even if the
landlords agreed they received $5753.41 check
and $400.00 (cash), $750.00 (cash),
$350.00 (cash), etc the real history of payments are that, June 13, 2012 through March 2013 the landlords received
the following payments in rent and utility by cash and check without issuing
payment receipts to the Plaintiff and his family:
June 13, 2012
..............................................................$400.00
July 1,
2012...................................................................$750.00
August 1,
2012...............................................................$750.00
Gas.................................................................................$53.09
TOTAL DUE:
.................................................................$1, 928.09 (Check) EXHIBIT G
September 1,
2012...........................................................$750.00
October1,
2012.... .............................................................$750.00
November 1,
2012..............................................................$750.00 (cash
– rent)
Gas...................................................................................................$85.32 Electricity………………………………………………………………………………………$95.00
December 2012……………………………………………………………………………..$750 (cash –
rent)
January 2013…………………………………………………………………$645.00.32 ($600.00
rent & $45.32 Ut)
February 2013………………………………………………………………………………..$750.00
(cash rent)
March 2013…………………………………………………………………………………….$750.00
April 2013………………………………………………………………………………………..$750.00
TOTAL PAID:
......................................$3,825.32
(Check) EXHIBIT H TOTAL
PAID………………………………………….$2354.68 (Cash)
October 2012 ……………………………………………………………………………………..$300.00 (cash - water)
November
2012………………………………………………………..$350.00(cash – rent)
December 2012………………………………………………………..$750.00
(cash – rent)
January 213…………………………………………………………….$250.00
(cash – NSTAR)
February 2013…………………………………………………………..$40.00
(cash – nat. grid)
February
2013………………………………………………………….$750.00 (cash – rent)
March 2013………………………………………… …………………..$150.00
(cash –nat grid)
March
2013……………………………………………………………….$635.00 (ABCD – Gas)
TOTAL CASH PAID: ………………………………………..$2590 +$2354.68 = $4944.68
TOTAL CHECK
PAID………………………………$3,825.32 + $1, 928.09 =
$5753.41
B.12. June 13, 2012 through March 2013 the landlords
received $10,698.09 (TEN THOUSAND,
SIX HUNDRED AND NINETY EIGHT DOLLARS AND
NINE CENTS) payments for rents and
utility by cash and check. EXHIBITS S,
T, U, and V
B.13. According to the yearly Lease signed by the
Landlords and the Plaintiff the monthly rent for the two inhabitable bedrooms
is $400.00 (FOUR HUNDRED DOLLARS) and payable every 1st of the month but the Landlord used the Boston
Police Department to force Plaintiff and his family to pay over 12 months
advance rents and soon as these monies are paid, the landlords travel oversea
and stay there for over one month and when they come they refuse to fix the
defects.
B.14. In
computation of the number of months paid in rent at the monthly rate of
$400.00, Plaintiff and his family have paid rent up to June 2014. In both ways
of the landlords’ denied or agreed rents and utility payments, the rents and
utility which Plaintiff paid to the landlords extend to July 2013 (agreed) and
June 2014 (denied). Under these two conditions, the Eviction Complaint of the
landlords MUST BE DENIED WITH PREJUDICE because Plaintiff and his family are
not owing the landlords and other defendants in this case and because the
landlords have lied under Oath before this Court.
B.15. Plaintiff'
and his family were forced to pay over 12 months advanced double rents to
enable the Landlords fix the multiple defects in the disputed apartment
particularly the deadly lead, molds, etc but after receiving these large amount
of money for over 12 months rents they did nothing and after several oral and
written plea, they did nothing and spent the large amount of money in oversea
vacation.
E. STANDARD OF SUMMARY JUDGMENT
This Court and several other courts in the United States
are aware that Summary Judgment is in good faith when, after reviewing the
entire record taken, “there is no genuine issue as to any material fact and…the
moving party is entitled to judgment as a matter of law.” M.R.C.P. 56(c);
Cassesso v. Comm’r of Corr., 390 Mass. 419, 422, 456 N.E. 2d 1123(1983);
Community National Bank v. Dawes, 369 Mass, 550, 553, 340 N.E. 2d 877(1976).
The task of proving both the absence of a transparently contested issue of
material facts and entitlements to judgment as a matter of law will or the
party seeking summary judgment. See the
matter, Pederson v. Time, Inc., 404 Mass. 14, 17, 532, N.E. 2d 1211 (1989).
Void of iota of doubts, reliant upon the factual reason stated below in
Plaintiff’s argument, Plaintiff will re-affirm that there are no genuine issues
of material fact, and that Plaintiff is totally entitled to Summary Judgment as
a matter of law.
F. STATEMENT OF ARGUMENT
Formidably, in the light of the undisputed material facts
adequately stated above, the Defendants cannot show proof of any set of facts that could ever entitle
them to rent out two bedrooms apartment that are not habitable or with mold,
lead and other defected extensively cited as EXHIBITS G, H, I, J, K, etc by the Boston Public Health Commission and , City of Boston Inspectional Services
Department (ISD) and the landlords received $10,698.09
(TEN THOUSAND, SIX HUNDRED AND NINETY EIGHT DOLLARS AND NINE CENTS) payments for rents and utility by cash and
check which extend to June 2014 and decide to request this Court to evict
Plaintiff and his family in April 2013 without refunding all the rents and
utility paid to them. The Yearly Lease signed by the Landlords and Plaintiff
and the agreed monthly rent of $400.00 are not in dispute. What is in dispute
is minor and it is only the amount received by the landlords from the Plaintiff
and his family by cash and check stated above.
Pursuant to M.G. L. c. 239 c. section 2A;
c. 186 Section 18 the landlords are wrongfully attempting
in retaliation to my complaints.
The landlords have
filed Eviction Complaint with this Court to evict the Plaintiff and his family
and retaliate against them because of EXHIBITS G, H, I, J, K, etc safety and
health under CMR reports of the Boston
Public Health Commission and , City of
Boston Inspectional Services Department (ISD).
Plaintiff’s complaint to fix the defects in his apartment, refusal to pay more advanced
rents and utility triggered defendants/landlords’ anger to file EVICTION COMPLAINT.
The Court and the landlords joined together to evict
Plaintiff and his family. Plaintiff’s complaint, amended complaint and further
amended complaint were served on all the defendants by the Sheriffs and in May
2013 before man Judge of this Court only the Landlords denied part of the
services and this Judge ordered Plaintiff to make further services of his
opposition to the landlords’ eviction complaint and his original complaint,
amended complaint and further amended complaint on the landlords and before the
date of the first mention (5/30/2013) of landlords’ eviction complaint,
Plaintiff made all these services. See EXHIBITS
X & Y.
On May 30, 2013 Plaintiff observed and suffered further
injustice in this Court. Over 150 cases were called and only landlords’
Eviction Complaint was called without requesting landlords and defendant, Dr.
Phillip Ofume whether they will try mediation before the Housing Specialist.
This plot is set to create fast trial to render Plaintiff and his family 12th
homelessness since August 2009 without reading his submissions to this Court.
Plaintiff has requested the Chief Judge of Mass and the AG to order transfer
and retrial of this eviction case. Also the landlords did serve or give
Plaintiff and his family a 14-day Notice to Quit before proceeding to this
Court to file Eviction Complaint. Under all these violations, the two Judges
did not dismiss the landlords Eviction Complaint.
Based on the operating CMR and other laws cited above,
Plaintiff’s defense entitles him and his family to possession and refund of
double of the money paid to the landlord since June 2012. Where this is raised as a counterclaim, this
entitles them to one to three times the rent or his actual damages whichever is
greater as the Court deems fit.
Pursuant
to M.G.L. c. 239 Section 8A; c. 93A and
the
implied warranty of habitability the landlord
failed to make the apartment habitable and
permitted
bad conditions to continue to exist.
Plaintiff
and his family paid several months
advance rents EXHIBITS S, T, U, and V, and other payments to enable the
landlords connect hot water, connect heat, removed dusty and dampen deadly
mold, remove lead then because our under
6-year old child, and several other structural defects. See the reports
of the Boston Public Health Commission (4/29/2013), City of Boston Inspectional
Services Department (ISD), Emergency
Inspection and Notice issued by
the Housing Inspector through the Sheriffs of the Counties and their deputies
to the Rev. & Mrs. Hector because of the life threatening conditions in our
apartment, etc. (EXHIBITS I, J & K)
compelled the landlords to reconnect the hot water but soon as the TRO to abate
harassment by banging the roof of Plaintiff, the landlords mounted their anger
and on June 5, 2013 the landlords (blacks) gave over $300.00 to some Black
staff of the NATIONAL GRID who received the money beside Plaintiff’s apartment
window and disconnected Plaintiff’s hot water, and gas and shutdown
Plaintiff’s and family’s cooking
stove/oven.
Plaintiff
and his family have claims which relief can be granted because of past and
present problems in or around their apartment that the landlords knew or should
have known about, including but not limited to the following (personal
statement of the Plaintiff and his family):
“Before moving in to the apartment, the
landlords, Rev. & Mrs. Hector agreed
to connect hot water which they did on June 13, 2013 but on July 1, 2012 they
disconnected all the hot water and all cold water on the hot water taps across
our apartment and through April 2013 we
have suffered great pains in living in apartment so longtime without hotwater;
connect heat; removed dusty and dampen deadly mold; remove lead because of our under 6-year old child time of move-in; unblock
bath sink which put us in addition pains and suffering because after each bath
from the water we boil from the camping gas cooker, we spend several minutes to
dig out the water into the toilet before another member of our family can bath;
unserviceable stove and oven to the extent that we travel long distance to
cook; after several months stove was fixed and the oven remain
unserviceable; and several structural
and other defects.
The
molds and lead were some of the worst nightmares in our apartment
because the molds make us sick and our children keep off several feet from the
location of the lead. The landlord received large sum of rents (EXHIBITS S, T, U, and V and other payments) covering over 10 months of advance rents but refused to fix
the defects in part cited in (EXHIBITS
D, E & F) but they refused to do anything because our political
opponent assured them that they are the commander-in-chief of the United
States.
The experience of living with six children
without heat and hot water is dreadful
and which no human being would pray to experience. Our first aid shelf is
stocked with cold, cough, fever, etc medications because of us of cold water to
wash hands and do other household works. Heartless rich man and woman of God,
allowed these mistreatments to persist to present time.
Very painful, unsafe and time/money wasting to cook meal for large
family of 8 people with small camping gas stove and travel long distance to
bake other foods on people’s oven.
The landlords refused to make our apartment
habitable, and we continued to suffer pains and hardship when we have paid
several months advance rents and paid the utilities.
My
family and I are also entitled to
damages for any other losses, injuries, or expenses resulting from bad
conditions in our apartment.”
.
The landlords are interfered with the quiet
enjoyment of our apartment.
M.G.L. 239 section 8A; c. 186 section 14 and
c.93A
The
landlords, Rev. & Mrs. Hector, in collaboration with the Boston Water
Commission, NSTAR and National Grid did the following (personal statement of
the Plaintiff and his family)::
“Before renting the disputed apartment to me
and my family, the landlords knew that bathroom was permanently blocked and for
several months Plaintiff and his family spent over 15minutes digging out the
water into the toilet before another members of the family will have space to
bath and remove the water to enable other members of the family to get a place
to bath.
The landlords received several months advance
rents (EXHIBITS G, H, and other
payments.) and after receiving this large amount of he promised to unblock the
bath sink but they did nothing.
The landlord knew that there are lead and mold in the apartment and also the landlord knew that we have an
under-six-year child and that the CMR bar landlords from renting this type of
apartment to the family with under-6 year child.
On June 13, the landlords told us that if we
can give them full month rent that he will call expert to remove the lead. On
June 13, 2012 we paid the landlords the sum of $400.00 instead of $200.00 half
month of June 2012. The landlord received this money and did nothing to remove
the lead.
Because of the safety of our under-six-year
child, on before July 1, 2012, several times we politely requested the landlord
to remove the lead and fix other defects
in our apartment. The landlords were infuriated and swiftly on July 1, 2012 the
landlords disconnected our hot water and cold water on all the taps connected
with the hot water.”
The landlords, NSTAR, Boston Water Commission
and National Grid interfered with the
quiet enjoyment of our apartment. M.G.L. 239 section 8A; c. 186 section 14 and
c.93A
The
landlords, Rev. & Mrs. Hector, Boston Water Commission, NSTAR and National
Grid did the following (personal statement of the Plaintiff and his family)::
“In July 2012 they paid the defendants
advance rent totally $1,928.09 (EXHIBITS
T ) to cover some utilities which the defendants use and the rents were
advanced for the months of July 2012, August 2012 and September 2012. The
landlords connived with the utility companies to force us to pay for the
utilities which they use.
In After Plaintiff and his family paid this amount with the help of their
church, the landlords connived with Boston Water Commission, National Grid and NSTAR to disconnect hot water, and cold
water and discounted the entire hot/cold water of the bath and all the hot
water inside and outside the bathroom.
In September 2012, after the defendants spent
the advance payment which Plaintiff paid
to them without fixing the majority of the defects in our apartment, they said
some people told them that we are delinquent tenants because we have been evicted for several
times and that before we can continue to live in their apartment, we must pay
one year advance rent. All the defects mentioned above have not been fixed
following receipt of EXHIBIT T.
In
July, August, September, October, November, December 2012, January, February,
March 2013 I reported to the Board of
Health (Inspectional Services, Mayor’s Office, 2.1.1. hotline, Federal
Environmental Protection Agency, and
nothing was done to fix all the defects mentioned to the limited extent that on
December 16, 2012 (see attachment) after a formal Complaint was filed with the
Honourable Commissioner of Energy, Electric Company came and the landlords
allowed them to investigate the heat system and after this investigation the
staff of the electric company told Plaintiff and his family that the landlord,
Rev & Mrs. Hector are responsible for the unserviceable, hot water, heat system and the electric company said
that they have advised the landlords to fix the heat system. Several oral and
written notices were sent to the landlords and they remain unheeded.
In July 2012 following the visits of some
electricity contracting firms and water commission to the , the electric
company started sending to me and the high electric bills (over $400.00 per
month) which are suspected to be the bills of the electric consumption of the
tenants of the entire building comprising of Nos. 41 & 43 Gallivan
Boulevard Dorchester, MA 02124. How is this bill consumed whereas in our
apartment, stove, hot water and heat are not working? Criminally, the landlord
used nails, wood and other materials to block the doors to the utilities room
and basement to prevent Plaintiff and his family from viewing the criminal and
secret activities going on in the utilities room and basement. A staff of the
City of Boston Inspectional Services Department Housing Inspection Division
1010 Massachusetts Avenue Boston MA saw this enforced blockade on the utilities
room and basement and he said, “this is
unlawful and can not be done in the Commonwealth of Massachusetts” and took
several photos on the barricade and our apartment. EXHIBITS
W,
In September 2012 as all the defects
mentioned above remain unattended and we continued to suffer these ordeals,
heartlessly, Rev & Mrs. Hector told me
to pay one year rent before they can fix the majority of the defects
mentioned above or they will use Police to remove our property into the street.
Because this 12th political homelessness since 2009 and the children
are in their new schools trying to adjust after several relocations, we were forced to make decision to have roof
over our head.
Under this fear, we pleaded to pay advance of
September 2012, October 2012, November 2012, December 2012, January 2013,
February 2013, March 2013, and April 2013. After this payment of the sum of $3,825.32 in one single bank check, EXHIBIT
U they refused to reconnect the hot water and we boiled water on the
stove to enable my children bath and go to school and other places.
Restating in argument that since July 2012, we
have been using bitter cold water to wash dishes and do other household works.
All the rents and utility payments mentioned
in paragraphs 1-31.g. above were not used to put the apartment into livable or
habitable conditions. Children and parents get headache from mold, cold water
and other bad living condition such as cold water, lack of heat, etc.
After December 16, 2012 the landlords turn on
the heat few times in a month when they observe that there are visitors in our
apartment in order to justify and defuse these cruelties.”
Pursuant
to M.G.L. c.186 sections 5, 14, 15(E), 19 the Tenants /Plaintiff’s and his
family’s rights were cruelly violated and because of these violations Plaintiff
and his family are qualified to recover all the rents paid to the landlords and
additional punitive and fault base awards.
The landlords, Rev. & Mrs. Hector did the
following (personal statement of the
Plaintiff and his family):::
“Under homelessness and sleeping in the
church worship building, on June 13, 2012 with money to rent apartment but no
apartment to rent we sought for any roof over our heads and we moved in 41
Gallivan Boulevard #1 Dorchester, Massachusetts 02124 with several defects
mentioned above and without landlord and tenant pre-move in inspection. Several
times, I requested for inspection in the apartment because of the fraudulent
claims of certain landlords against their tenants (Ofume v. RST Investment
Group, etc – Mass Supreme Judicial Court (2012), Ofume v. Nancy Vigorito, MBHP,
et als – The Supreme Court of the United State.
The landlords did not respect any tenancy
rules. My family and I have been
intimidated by these landlords who are aware that we are vulnerable and have no
place to leave but have money to pay rent. We have never owned the Landlords
and we have been paying these landlords double rent in advance to enable them
remain under the roof. We have complied in all aspects with the terms of the
tenancy and the yearly lease.
The landlords knew that there was no
serviceable stove and oven and also knew that we have large family and that we
must cook our meals because it is expensive to eat out with such large family.
Several months after we have suffered and wasted time and money on cooking with
small camping gas stove and baking out some our meals, the stove and oven were
fixed on different periods and months apart.
The landlords knew that there were molds
across our apartment and after they forced to pay over 10 months advance rents
and that they will use the money to remediate the molds, lead, etc the
landlords did nothing to present time and each time these molds and other
conditions in our apartment make us sick.
The landlords knew that in our apartment there are only two bedrooms
and that one of the two bedroom is condemned because of the lead and we (two
parents and six children) are living in only one bedroom and paying full and
advance rent for two bedroom. On June 13, 2012 $400.00 was agreed per month for
this under-size two bedroom apartment. Suddenly without notice, the landlords
before end of June 2012 the landlords increased the rent in double fold or from
$400.00 to $750.00/month.
The landlords forced us to be paying money to
them without issuing receipt to us and each time we request for payment
receipt, they threaten us with eviction. We are compelled to obey because of
our children in school and because since 2009 they have changed several schools
inside and outside Massachusetts. The landlords lobbied the Bishop of our
church to have several meetings with him without inviting us to defend
ourselves and issued some of the payment receipts through our Bishop whereas we
pay the landlord the money and the
Bishop has not delivered some of these receipt to us. All the money we paid to
the landlords in cash have not been receipted.”
Pursuant to M.G. L. c. 239 c. section 2A; c.
186 Section 18 the landlords are further and further wrongfully attempting in retaliation to Plaintiff and his
family’s complaints.
The
landlords, Rev. & Mrs. Hector did the following (personal statement of the
Plaintiff and his family):
“The landlords tried to trigger eviction each
time I request that defects in our apartment should be fixed and they retaliate
against us by requesting us to pay one year rent in advance and they step up oral demand on me and continued
to bang on our door to demand immediate pay or they will call Boston Police to
forcibly evict us from the apartment.
The Landlords have used other retaliatory
measures such requesting my family and I
to send utility bill and house rent in a single check and when I request
them to give us receipt for such consolidated check or payment by cash, they
become infuriated and threatened us with eviction. When I contacted the utility
companies to know whether the Landlords paid the our utility, national grid and nstar told my
family and I that the landlords did not
pay such bills.
Under this lease agreement the landlords pay
for water, garbage, removal of snow, sanitation, all repairs, etc. Because my family and I and our
church, The Church of Jesus Christ of Latter-day Saints were able to pay
several advance rents, they harassed and bullied us to take over water bill for
the entire unmetered building and I was forced to pay $300.00 in October 2012 and other water bills
without payment receipts. My family and
I did not fear because the landlord, Mr.
Allan Hector told me not to cast
doubts in July 2012 when the landlords
started their satanic conducts thus, shutdown hot water in a family with six
children and two adult parents, blocked the door to the utility room and
basement and converted their hot water,
heat, etc into personal use and allow me
to pay the bills, refused to unblock the sink of the bathroom and
allowed us to do hard labor of removing dirty water
after bath from the bath to the toilet to enable next family members take turn
to bath, refused to fix stove and allow
us to travel to distance place to cook
some meals, etc.etc. etc. (EXHIBITS G,H, )
This defense entitles my family and I to recovery of all rents paid and possession
and continuation of payment of rent if all the defects cited by the Boston
Inspectional Services are fixed to the extent even if the claim is presented as
an originating claim or counterclaim, it
also entitles my family and I to one to
three times the rent or their actual damages whichever is greater and deems
appropriate.”
Pursuant to M.G.L. c. 239 Section 8A; c. 93A and
the implied
warranty of habitability the landlords and other defendants further
failed to make the apartment habitable and
permitted bad
conditions to continue to exist.
The
landlords, NSTAR, National Grid and Boston water Commission did the following
(personal statement of the Plaintiff and his family):
“Plaintiff and his family have a claim
because of past and present problems in or around the disputed apartment that
the landlords and other defendants, NSTAR, National Grid and Boston Water
Commission knew or ought to have known about, including but not limited to the
following:
Before moving in to the apartment, the
landlords agreed to work on the blocked plumbing system which blocked flow of
water from the bath to the drainage system, remove the mold, clean up the lead
because of the under 6-year old child, fix the doors and windows, connect hot
water, unblock the door to the utility room and basement, etc.
The landlord refused to make the Plaintiff’s
apartment habitable and the worst retaliation is the disconnection of the heat
and hot water, punitively to make habitation more and more toxic because
several months when the stove was not working we were using small camping gas
operated to boil hot water to enable their children and parents to bath and set
out to school. Defendants, NSTAR, National Grid and Boston Water Commission
knew about the hardship we have been facing and failed and neglected to advise
the landlord.
From
time to time, several children and adults were sick because of use of icy cold
water, molded apartment, lack of heat, etc.
During
initial payment for move in, the landlords told my family and I that they will put door to block the people
in the dining room and living room from seeing someone in the bedroom. They
also promised to put keys and locks on the bedroom to adjacent door which
Washroom because each time visitors want to open the washroom door they open
bedroom which has no locks or key. The same breach of privacy occur on the
second bedroom which is also adjacent to the washroom also without locks or
keys.
Our
claim entitles us to damages for the reduced value of our apartment, calculated as the difference
between: (a) the full market rental
value of our apartment in good condition, and (b) the reduced value of our apartment in bad condition. We are also entitled to damages for any other
losses, injuries, or expenses resulting from bad conditions”
The landlords, national grid, NSTAR, and
Boston Water Commission have grandiosely
interfered with the quiet enjoyment of our apartment. M.G.L. 239 section 8A; c. 186
section 14 and c.93A
The landlords, national grid, NSTAR, and
Boston Water Commission did the following:
July 2012 – present, Landlords and the Boston
Water Commission conspired together to disconnect 100% of all the hot water
taps and allowed my family and I to
suffer for over 10 months we continued
to suffer without heat, hot water and lived in pains by using icy and bitter
cold water without humane sense of direction that this action is in breach of
the United States Constitution and Bill of Rights. Confidentially, the
landlords told me that soon as we moved into the disputed apartment Boston
Water Commission over billed the water consumption by 1000% above the previous
bill to cause brawl or conflict between blacks and because the Plaintiff, Dr.
Phillip C. Ofume is well known international expert in Anti-Racism, the
landlord gave Dr. Ofume several pages of the commission’s falsified and racist
bill and after research and investigation thus, swiftly Plaintiff filed
complaint against Boston Water Commission and others with the Hon. Commission
of Energy.
National grid, NSTAR, and landlords operated under secrecy to the
extent of blatantly refused to response to question as to reason why they have
drawn the winter fuel account of our account when hot water has not been
working since July 2012.
National grid, NSTAR, and landlords failed to render any account on
reason why they combined the bills of the entire occupants at 41 & 43
Gallivan Boulevard and billed us over $400.00/mo as if we are operating a
manufacturing company when one /two bulbs and one refrigerator are working with
electric supply.”
F.
CONCLUSION/RELIEF
For
the foregoing reasons, the Plaintiff firmly maintains that he is entitle to
Summary Judgment, reasoned as a matter of law and request this Court that
Summary Judgment be entered in his favor and that damages be assessed for $10,698.09 (TEN THOUSAND, SIX HUNDRED AND NINETY EIGHT DOLLARS AND
NINE CENTS) in accordance with the jurisdiction of this Court particularly the
strength of claim and counterclaim and
statutory interest, and that the amount be trebled, plus court costs and for
such other relief as Court deems necessary and fit.
On all the foregoing claims,
award Plaintiff the foregoing claim entitles Plaintiff to one to three times
the usual amount which this court had awarded in other cases if the other cases
have victims have lived long time with bitter cold water, lived without heat,
lived with mold and lead and be sick several times and if the victims which
appeared before this court have paid their landlords the money in advance to
fix defects and the defects remain unfixed, therefore Plaintiff’s actual damages monetary and other damages
whichever are greater and deems
appropriate by this Court
On all claims aforementioned,
award Plaintiff money damages and other costs NOT LESS THAN $5MILLION to
sustain general and punitive damages and such other relief this Honourable
Court deems appropriate.
Where the Housing Court failed to
order, this Court to order the landlords to make all repairs to the defective
conditions in Plaintiff’s apartment.
Find that Plaintiff and his
family not at fault by being forced by the threat of the Landlords to pay
several months advance rent because of fear of homelessness and school and
safety of the children and family in general.
Where the Housing Court failed to
order, this Court to order the landlords to refund to the Plaintiffs all the
rents paid to the landlords: June 2012 through April 2013.
Because of the jurisdictional limitation of the
Boston Housing Court Plaintiffs have requested the Boston Housing Court to
award part monetary damage to Plaintiff limited of ONLY $7,200.00 for the
hardship Plaintiff and his family suffered and allow the Plaintiff and his
family to proceed to the Superior Court to file additional Complaint.
Other relief this court deems fit.
G. VERIFICATION
I, Dr. Phillip Ofume, respectfully verified,
signed and submitted the foregoing documents under the pains and penalties of
perjury this 11th day of July 2013,
__________________
Phillip C. Ofume,
Ph.D.
41
Gallivan Boulevard 1st Floor
Dorchester, MA 02124
P. O. Box 2416
Lynn, MA 01903
Tel. 617-606-1753 & 857-258-3987
CERTIFICATE OF SERVICE
I, Dr. Phillip Ofume certify that a true copy of
the document (opposition) was served up on all parties by U.S. PVI Postal Service first class mail or
hand delivery on July 11, 2013 at:
Rev.
& Mrs. Cynthia & Allan Hector c/o Attorney O’Toole
41/43
Gallivan Boulevard #2 (2nd floor)
Dorchester,
MA 02124
Executive Director
National Grid (Legal Dept.)
|
220
Victory Road
Dorchester,
MA 02122
(617)
822-5400
|
Acting Executive Director – Mr. Henry F.
Vitale
Boston Water Commission-BWSC (Legal Dept.)
980 Harrison Ave.
Boston,
MA 02119
Executive Director
NSTAR (Legal Dept)
One NSTAR Way
Westwood, MA 020
__________________
Dr. Phillip Ofume
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