CONTACT DR. PHILLIP C. OFUME & ASSOCIATES TO WIN BAD LANDLORDS AND UTILITY COMPANIES

 CONTACT DR. PHILLIP C. OFUME & ASSOCIATES TO WIN BAD LANDLORDS AND UTILITY COMPANIES







             
 _________________________________________________________________________



 COMMONWEALTH OF MASSACHUSETTS


                         BOSTON DISTRICT TRIAL COURT

       HOUSING COURT DEPARTMENT                CITY OF BOSTON DIVISION

Suffolk, ss.                                     Civil Action Docket No. 13-CV-264
                                                                                

________________________________________________________________________




                    Phillip Ofume (on behalf his family)
                                                       Plaintiff

                                                                v.
                                 
                     Cynthia Hector and Allan Hector
                                                        Defendants
                                    
                                                       and
                             National Grid (A/C # 52220-18340)
                                                       Defendant

                               NSTAR, Residential Electric Business (A/C #80-2221-603-1058)
                                                      Defendant
                                Boston Water Commission
                                                       Defendant
________________________________________________________________________________

          FURTHER AMENDED COMPLAINT




A.        BACKGROUND & PRINCIPAL FACTS


1. My name is Dr. Phillip Ofume. On June 12, 2012 my family and I were politically rendered homeless by the Mass Dept. Housing and Community Development and landlord, RST Investment Group, Inc. and 11th homelessness rendered since 2009. I am a presidential candidate of Nigeria past and 2015. Since 2009 the present landlords and other landlords, police, churches, social service agencies, sheriffs, courts, etc have been influenced by my political opponents to render my family and I homeless to disrupt my presidential campaign.


2.  On June 13, 2012 The Fountain of Grace Church, Canton, MA found 41 Gallivan Boulevard #1 Dorchester, Massachusetts 02124.  The landlords , Rev. & Mrs. Hector of this apartment are members of this church.

3.  On June 12, 2012  my family and I have no place to live.  This apartment failed majority of the CMR fitness codes stated and cited in EXHIBITS D, E & F.

4.   Boston Water Commission delivers water to the disputed apartment; NSTAR delivers electricity to the apartment and National Grid delivers gas to the apartment. I am suing these business firms because they failed to respond to the following allegations:

4.a.  Since July 1, 2012 our (hereinafter, “my family and I”) hot water and cold water on all the tap fields of the bathroom or shower, toilet, and kitchen were disconnected and the landlords barricaded the only door to the utility room or basement and we can not view this harm to me and my family.

4.b.  Effective July 2012 our heat was shut down and disconnected and NSTAR and National Grid refused to make any disclosure relating to this punitive action or mistreatment.

4.c.  The landlords use oral threat of eviction to force to pay for cold/hot water, heat, gas, etc and severally this money was included in my rental checks issued to the landlords. Boston Water Commission, NSTAR, and National Grid refused to make oral or written statement as to whether these landlords have been paying them the money I have been giving to my landlords.

4.c.  Negligent of the Boston Water Commission, NSTAR, and National Grid show that they are political affiliates of the landlords to mistreat me and my family.

5.  The landlords and I agreed that monthly rent will be $400.00 in rent per month but after we moved in on June 13, 2012 the landlords increased the rent to $750.00 for ONLY one serviceable bedroom. The second bathroom is not serviceable or used by of lead. Even the claimed serviceable bedroom is not serviceable because of the molds which the Boston Public Health Commission rated as IAQ MOLD CHRONIC DAMPNESS (EXHIBITS D, E & F).
 6.  In a plea to have roof over our head, on June 13, 2012 we paid the landlords a full month rent ($400.00) instead of half month ($200.00) which should have  been only $200.00 . The landlords thought we are rich. Thereafter,  the landlords increased the rent about double ($750.00) the agreed amount ($400.00).
7.  In July 2012 the landlords forcibly requested me and my family to pay one year advance rent or quit. We were very shocked that the people who called themselves Christians and reverend could exhibit this satanic conduct. We felt the shock that the 12th homelessness proceedings have started gradually.

8.  The landlord and I signed a yearly written lease for one year effective June 13, 2013.


9.     41 Gallivan Boulevard #1 Dorchester, Massachusetts 02124  is two small bedroom apartment which failed CMR fitness rule and as victims which have no choice because of the politically motivated homelessness which has remain in-force over 11 times since 2009 we have no choice.

I am a presidential candidate of Nigeria 2015 and there are some pockets of  opposition inside and outside Nigeria because of my plan which will eliminate corruption, bribery, looting and flight of public fund, etc  via review of the Vienna Convention (04/18/1961).


10.   Prior to move-in, the bathroom sink was permanently blocked and for several months, my family and I  spent over 15minutes each time digging out the water from the bath  into the toilet before another members of my family could  have space to bath.

11.      In July 2012 the landlords and Boston Water Commission disconnected all the taps running hot water and  cold water  as an indirect plan to request me and my family to pay one year rents or failure they (landlords) will use police to remove our properties and us into the street.

12.  Severally, I  requested the landlords to reconnect the hot/cold  water, remove the mold, remove the  lead, fix the doors and windows, stove, heating system, fix window and fix and replace broken glass of back window and the landlords  did nothing. Several oral and written notices were sent to the landlords and utility companies and they remain unheeding.

13.  The defendants viewed the  conditions of my family as gold for digging and particularly the landlords commanded us to pay advance rent and threaten to use police to evict us because one of the landlords Mrs. Hector claims staff of the Boston Police Department and that she has power to do and undo. 
14.  In July 2012 I was forced to  pay the defendants advance rent totally $1,928.09 (EXHIBIT B) to cover future rents and utility ( which the landlords use)  The rents were advanced for the months of July 2012, August 2012 and September 2012. Time to time,  the landlords requested us to add utility bill in the rent check and that failure they will not accept the check. See EXHIBITS B, B.1.
15.   Under political power, thus after my family and I had  paid this amount $1,928.09 (EXHIBIT B), the Landlords disconnected our hot water on July 1, 2012. They  discounted bath cold and hot water and all the hot water taps inside our apartment

 16.  The landlords told me that soon as we paid them this money $1,928.09 (EXHIBIT B)  that they will fix all the defects in our apartment such as lead, unserviceable stove, mold, connect heat and fix other defects.  By force, we paid all electricity, cold/hot water, gas, etc. bills through the landlord..

17.     In September 2012, after the defendants(landlords) spent the advance payment $1,928.09 (EXHIBIT B) which we paid to them, they said some people told them that  we have been evicted for  several times and that before they can continue to allow us  live in their apartment, we must pay one year advance rent. All the defects mentioned above have not been fixed to the limited extent that the Board of Health, Inspectional Service issued multiple citations against the landlords on April 4, 2013, few days later, our hot water was reconnected and other defects remain unfixed to present day (5/10/2013). See EXHIBITS D, E & F.

18.     In July, August, September, October, November, December 2012, January, February, March 2013 Plaintiff 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 above 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 covered with National Grid Vehicle came to our apartment and the landlords allowed them to investigate the heat system and after this investigation the staff of the electric company told me and my 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 reconnect  the heat system. Several oral and written notices were sent to the landlords and they remain defiant to these responsibilities.

19.    In July 2012 landlords  and Boston water commission met and thereafter there were activities of construction workers inside and outside the basement and after this meeting  the electric company started sending to us  high electric bills of $400.00 - 480.00 per month which are more than suspected electric 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 landlords 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 he took several snapshots.

20.   Restating that  in July 2012 the entire hot water system to Plaintiff’s apartment was disconnected. Plaintiff and his family filed oral and written complaints to the Commissioner of Energy, water commission, electric company, gas or national grid, etc but no hearing have been scheduled and Plaintiff continued to send reminders to the Commissioner of Energy, water commission, electric company, gas or national grid, etc

21.     June 2012 – December 2012 the bath was permanently blocked and we packed water after each bath into the toilet before another members of the family can use the bathroom/toilet and this ordeal sometimes caused Plaintiff and his family couple of tardiness to appointment and school. Several oral and written notices were sent to the landlords and remain unheeded.
22.    In September 2012 as all the defects mentioned above remain unattended and the Plaintiff and his family continued to suffer these ordeals, heartlessly, Rev & Mrs. Hector told Plaintiff  to pay one year rent before they can fix the majority of the defects mentioned in paragraph 1-14 above or they will use Police to remove their 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, Plaintiff and his family were forced to make forced decision to have roof over their head.
23.     Under this fear, Plaintiff and his family 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 C they refused to reconnect the hot water and we boiled water on the stove to enable my children clean their body to go to school and other places. After these landlords were taken oversea (October 2012) to enjoy one month free vacation, they came back in November 2012  and they had $3,825.32 on hand to spend lavishly and when they came back and we told them to fix the multiple defects in our apartment, they said, “ we are not going to fix them and that they prefer to give the money to the court to evict us.
24.   Since July 2012, we have been using bitter cold water to wash dishes and do other household works.
25.   They worked on the gas oven in December 2012 without oven and we have to travel several miles to bake our bread, cake, pizza, etc..
26.     All the monies mentioned in paragraphs 1-18  above were not used to put the apartment into livable or habitable conditions. Children and parents get headache from mold and other bad living condition such as cold water, lack of heat, suspected lead, etc.

27.     After December 16, 2012 the landlords turn on the heat few times when they observe that there are visitors in our apartment in order to justify these cruelties. Visitors to the apartment of the Plaintiff’s apartment are rare because for security reason and the major business of the Plaintiff is conducted electronically and it could take two weeks to see visitors in Plaintiff’s apartment. Restating, to prevent the Plaintiff and his family access to the utility room and basement, the landlords used highly fortified objects to block the door to the utility room and basement.

B.            REV. & MRS. HECTOR: LAWLESSNESS


                                                  COUNT/CLAIM  # 1

Pursuant to M.G. L. c. 239 c. section 2A;
c. 186 Section 18 the landlords have wrongfully carried out
retaliations to my complaints to fix the multiple defects in our apartment and each time I make such complaint, the landlords request my family and I to quit the apartment or pay one year rent in advance

28.  Each time we request the landlords to fix the multiple defects in our apartment there are harassment, bullying and request to remove our properties into the street or they will call police to do so. Because of my children and my wife that have suffered 11 homelessness and destitution which are tools or tactics to force me to abandon my bid for the President of Nigeria.


29.  The landlords know that we have suffered 11 politically motivated evictions and the overwhelming political influence of our aggressors that the landlords in Massachusetts will not rent out apartment even if we want to pay them a two-year rent and that the housing courts are also influenced by our political opponents. These 11 politically motivated evictions were not connected to non-payment of rent. All the 11 landlords refused to accept rent and demand highly influenced judges and housing specialists to evict and awarded reasonable damages to us.

30.  Because of our vulnerability mentioned above, the defendants or Rev. & Mrs. Hector have capitalized on the fact that we have an assisted money to pay one year advance rent and that no landlords inside and outside Massachusetts will rent apartment to us, to stay fixing the multiple defects and threaten us to quit or pay them one year rent in advance.

31.  On June 13, 2012 Rev. & Mrs. Hector agreed to rent 41 Gallivan Boulevard  1st Floor Dorchester, MA 02124 to me and my family because the owner of The Fountain of Grace Church, Canton, MA hail from the same ethnic community (Owa) of Delta State of Nigeria as my parents. As usual during the negotiation there were series of phone calls and break of our discussion to answer these calls and the questions they ask after discussing with them show the influence asserted on them (Rev. & Mrs. Hector).


32.  We have suffered in the hands of Rev. & Mrs. Hector  by continually paying several months advance rents to enable the landlords fix the defects in our apartment but after they received this large advance rents they refuse to fix the defects and each time we complaint, in swift retaliation, they issue threat to evict us if we fail to shut up our mouth.


33.  This defense entitles me to possession and damages.  Where this is raised as a claim for relief, this entitles me to one to three times the rent or my actual damages whichever is greater and deems fit by this Court.

                                                     COUNT/CLAIM  # 2


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.

34.  We paid several months advance rents (EXHIBITS B &  C) to enable the landlords connect hot water, connect heat, removed dusty and dampen deadly mold, remove lead 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 D, E & F).

35.   My family and I have claims which relief can be granted because of past and present problems in or around our apartment that the landlord knew or should have known about, including but not limited to the following:

35.a.  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.


35.b.  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 B &  C) 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.


35.c.  The experience of living with six children with 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.


35.d.   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.

35.e.   The defendants, gas and electric companies (National Grid and NSTAR) that have remained some of our major political opponents since 2005, have supported the landlords by refusing to make disclosure on several amounts we paid to the landlords because they force us to include utility money with the rents. National Grid and NSTAR refused to answer yes or no whether these landlords paid the money to them (National Grid and NSTAR). Also National Grid and NSTAR refused to detect who is using our heat and hot water or gas and electricity  because the Rev. & Mrs. Hector barricaded the only door to the utility room and basement to enable us see the criminal activities going on in the utility room and basement.



35.f.   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.



36. My family and I are  also entitled to damages for any other losses, injuries, or expenses resulting from bad conditions in our apartment.


C.         DEFENDANTS, REV. & MRS. HEATOR, NSTAR, BOSTON WATER COMMISSION  AND NATIONAL GRID: APPORTIONMENT OF INFRACTION


                                                     COUNT/CLAIM  # 3

The landlords are interfered with the quiet enjoyment of our apartment.
M.G.L. 239 section 8A; c. 186 section 14 and c.93A

37.   The landlords, Rev. & Mrs. Hector, Boston Water Commission, NSTAR and National Grid did the following:

37.a.  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.

37.b.   The landlords received several months advance rents (EXHIBITS B & C.) and after receiving this large amount of he promised to unblock the bath sink but they did nothing.

37.c.   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.

37.d. 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.

37.e.  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.


                      COUNT/CLAIM  # 4


The NSTAR, Boston Water Commission , landlords and National Grid   interfered with the quiet enjoyment of our apartment.
M.G.L. 239 section 8A; c. 186 section 14 and c.93A


38.   The landlords, Rev. & Mrs. Hector, Boston Water Commission, NSTAR and National Grid did the following:

38. a.   In July 2012 they paid the defendants advance rent totally $1,928.09 (EXHIBIT B) 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.
38.b.   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.

38. c.    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 B.
38. d.    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.

38.e.   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 F, G,

38.f.   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 in paragraph 1-31.e. 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.
38.g.     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 C 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.
38.h.   Restating that since July 2012, we have been using bitter cold water to wash dishes and do other household works.

38.i.     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.
38.j.     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.



                            COUNT/CLAIM  # 5

             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.

39.   The landlords, Rev. & Mrs. Hector did the following:

39.a.  Under homelessness and sleeping in the church worship building, on June 13, 2012 with money to rent apartment but no apartment to rent Plaintiff and his family sought for any roof over their heads 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, Plaintiff 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



39.b.  The landlords did not respect any tenancy rules. Plaintiff and his family have been intimidated by these landlords who are aware that Plaintiff and his family are vulnerable and have no place to leave but have money to pay rent. Plaintiff has never owned the Landlords and they have been paying landlords in advance to enable them remain under the roof. Plaintiff and his family have complied in all aspects with the terms of the tenancy.


39.c.  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.

39.d.   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, the landlords did nothing to present time and each time these molds and other conditions in our apartment make us sick.

39.e.  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.

39.f.   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 to defend ourselves and issued some of the payment receipts through our Bishop whereas we pay them the money.



                                 COUNT/CLAIM  # 6



                 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.

40.  The landlords, Rev. & Mrs. Hector did the following:

40.a.   The landlords tried to trigger eviction each time Plaintiff request that defects in his apartment should be fixed and they retaliate against Plaintiff and his family by requesting them to pay one year rent in advance and we they step up oral demand on Plaintiff and continued to bang on the Plaintiff’s door to demand immediate pay or they will call Boston Police to forcibly evict them from the apartment.

40.b.   The Landlords have used other retaliatory measures such requesting the Plaintiff and his family to send utility bill and house rent in a single check and when Plaintiff request them to give for such consolidated check or payment, they become infuriated and threatened Plaintiff with eviction. When Plaintiff contacted the utility companies to know whether the Landlords paid the utility their utility, national grid and nstar told Plaintiff and his family that the landlords did not pay such bills.

40.c.   Under this lease agreement the landlords pay for water, garbage, removal of snow, sanitation, all repairs, etc. Because the Plaintiff and his family and their church, The Church of Jesus Christ of Latter-day Saints were able to several advance rents, the harassed and bullied the Plaintiff and his family to take over water bill for the entire unmetered building and Plaintiff was forced to $300.00 and other water bills without payment receipts to the ugly extent that the landlords refused to issue payment receipts to the Plaintiff  for the payments referred above and others unmentioned. Plaintiff and his family did not fear because the landlord, Mr. Allan Hector told Plaintiff and his family that he is ordained reverend of the Fountain of Grace Church, Canton, MA but Plaintiff and his family 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 Plaintiff and his family to pay the bills, refused to unblock the sink of the bathroom and allow the Plaintiff and his family 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 Plaintiff to travel to distance to cook some meals, etc.etc. etc.  (EXHIBITS B & C)



40.d.    This defense entitles Plaintiff and his family 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 Plaintiff and his family to one to three times the rent or their actual damages whichever is greater and deems appropriate.


                                                 COUNT/CLAIM  # 7


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.

41.      The landlords, NSTAR, National Grid and Boston water Commission did the following:

41.a.    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:

41.b.  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.

41.c.   The landlord refused to make the Plaintiff’s apartment habitable and the worst retaliation is the disconnection of the hot water punitively to make habitation more and more toxic because several months when the stove was not working Plaintiff and his family 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 Plaintiff and his family were facing and failed and neglected to advise the landlord.

41.d.  From time to time, several children and adults were sick because of use of icy cold water, molded apartment, lack of heat, etc.

41.e.   During initial payment for move in, the landlords told the Plaintiff and his family 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.


41.f.  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
    

                                            COUNT/CLAIM  # 8
                                  
The landlords, national grid, NSTAR, and Boston Water Commission have grandiosely  interfered with the quiet enjoyment of Plaintiff’s and his family’s apartment.
M.G.L. 239 section 8A; c. 186 section 14 and c.93A

 42.  The landlords, national grid, NSTAR, and Boston Water Commission did the following:

42.a.  July 2012 – present, Landlords and the Boston Water Commission conspired together to disconnect 100% of all the hot water taps and allowed Plaintiff and his family to suffer for over 10  months without 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 Plaintiff that soon as the Plaintiff and his family 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.


42.b. National grid, NSTAR,  and landlords operated under secrecy to the extent of blatantly refusing to response to question as to reason why they have drawn the winter fuel account of the Plaintiff when hot water has not been working since July 2012.


42.c.   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 Plaintiff and his family over $400.00/mo as if Plaintiff and his family are operating a manufacturing company when one two bulbs and one refrigerator are working with electric supply.



D.                          CONCLUSION/RELIEF


WHEREFORE, Plaintiff and his family pray this Honorable Court to grant the following relief:

43.   On all the foregoing claims, award Plaintiff and his family double of the rent or the foregoing claim entitles Plaintiff and his family to one to three times the rent or their actual damages whichever is greater and deems appropriate by this Court and other payment in time and manner following:

43.a.  Advanced Check #1   (EXHIBIT B)

This Check was advanced to the Landlords under the poor conditions in the apartment:

June 13, 2012 ..............................................................$375.000 but $400.00 was received
July 1, 2012..............................................................................$750.00
August 1, 2012.........................................................................$750.00
Gas...........................................................................................$53.09 Gas Company refused to send full/complete bill.
TOTAL ADVANCE PAYMENT PAID TO THE : .............................................................$1, 928.09


43.b.   Advanced Check #2  (EXHIBIT C)

 September 1, 2012..........................................................................$750.00
October1, 2012.... ..........................................................................$750.00
November 1, 2012.........................................................................$750.00
Gas........................................................$85.32  Gas company refused to send full/complete bill
Electricity………………………………………………………………………………………$95.00(approx.)
TOTAL DUE: ......................................................................$2,325.32
Additional $1500.00 was added to $2,325.32  to cover part of our future rents which November 2012, December 2012, January 2013, February 2013, March 2013 and April 2013 and round up check amount consideration of the sum of $3,825.32 was received by the Landlords in October 2012. This payment was made to the Landlords and they spent over one month oversea and came without fixing majority of the defects mentioned above and non of the major life threatening defects such mold, hot water, heat, doors, etc were not fixed. In October 2012 the Landlords had seven months advance rent on hand and a person that claims Reverend of Christian church could be heartless and dangerous to leave innocent children, men and women to suffer under the terrible conditions stated above. Other cash payments which were not receipted are $300.00, $750.00, $250.00, $40.00, $750.00 and $150.00

44.    On all claims aforementioned, award Plaintiff money damages, costs and such other relief this Honourable Court deems appropriate and stop the landlords from retaliation by use of police to evict plaintiff and his family asserting contra attack in nature unwarranted possession of the disputed apartment.


45.    Order the landlord to make all repairs to the defective conditions in family’s  apartment.

46.   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. 

47.  Refund to the Plaintiff and his family all the rent paid to the landlords: June 2012 through April 2013.

48.    Because of the jurisdictional limitation of this Court to award monetary damage, Plaintiff and his family request partial general damage of $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 with claim estimated to about $5million.
49.    Other relief this court deems fit.

E.                     REQUEST FOR A JURY TRIAL

50.    Pursuant to Part 1, Article XV of the Declaration of Rights and M. G.L. 218 section 19B, Plaintiff and his family claim their rights to a jury trial.

F.                VERIFICATION OF COMPLAINT


I, Dr. Phillip C. Ofume,  respectfully verified, signed and submitted the foregoing documents under the pains and penalties of perjury this 13th   day of May 2013,
__________________
 Phillip C. Ofume, Ph.D.  
       Plaintiff
P. O. Box 2416
Lynn, MA 01903
Tel. 617-606-1753, 781-479-9027
limptintinc@gmail.com,ofume.phillip@gmail.com,
globalaids_hivcureinteracion@yahoo.co.uk


             CERTIFICATE OF SERVICE

I,  Dr. Phillip Ofume certify that a true copy of the PLAINTIFF’S  FURTHER AMENDED COMPLAINT was served up on all parties by  U.S. PVI Postal Service first class mail on May  13, 2013 at:  
    
Rev. & Mrs. Cynthia & Allan Hector
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 Directo






r – 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



.

BOSTON HOUSING COURT: OFUME V. REV. & MRS. HECTOR - Civil Action Docket No. 13-CV-264

               COMMONWEALTH OF MASSACHUSETTS

                         BOSTON DISTRICT TRIAL COURT

       HOUSING COURT DEPARTMENT                CITY OF BOSTON DIVISION

Suffolk, ss.                                     Civil Action Docket No. 13-CV-264

                                                                                

___________________________________________________________________________________

                                    Phillip Ofume and Ofume family

                                                       Plaintiff

                                                                v.

                                 

                                     Cynthia Hector and Allan Hector

                                                        Defendants

                                    

                                          and

                                              National Grid (A/C # 52220-18340)

                                                       Defendant

                               NSTAR, Residential Electric Business (A/C #80-2221-603-1058)

                                       Defendant

                                Boston Water Commission

                                        Defendant

________________________________________________________________________________

          SUMMARY PROCESS AND AMENDED COMPLAINT

A.                      STATEMENT OF FACT

1.    Plaintiff, Dr. Phillip Ofume and his family reside in disputed apartment located at 41 Gallivan Boulevard #1 Dorchester, Massachusetts 02124. Defendants are residents of Massachusetts and the specific service civic addresses of the defendants are indicated below per defendant.

2.  In the United States Plaintiff, Dr. Phillip C. Ofume is campaigning  for the Presidents of Nigeria 2015 and American Association for Affirmative Action (AAAA) and Nigerian/American politicians oppose Dr. Ofume’s matchless, economic, social and civil programs which nigerians and americans prefer. See http://www.blogger.com/profile/08744093752636542613; http://limptinc.blogspot.com/2013/02/ international-movement-for-new-federal.html  ; http://limptinc.blogspot.com/2012/11/phillip-c-ofume-v-aaaa-civil-docket-no_22.html

3.    On before June 12, 2012 the Mass Department Housing and Community Development (DHCD) approved Plaintiff and his family for Temporary Family Shelter and they were advised to move their property of its Brockton Area Office at 75 Commercial Road Brockton, MA. On June 12, 2012 after Plaintiff and his family moved their properties to the DHCD Brockton Area Office at 75 Commercial Road Brockton, MA. 

4.   Because of this bid these political opponents have deeply adopted economic embargo/sanction, poor housing, homelessness, ex-communication and related cruel tool to disrupt his family and campaign to the extent that the present landlord is trying to add another homelessness to  render Plaintiff and his family 12^th homelessness since August 2009. On June 12, 2012 at about 4.00 pm he DHCD told Plaintiff and his family that their application for temporary family shelter has been denied and  Plaintiff and his family and their properties were abandoned in the office premises of the DHCD.

5.    On June 13, 2012 The Fountain of Grace Church found 41 Gallivan Boulevard #1 Dorchester, Massachusetts 02124 which is two small bedroom apartment which failed CMR fitness rule and as victims which have choice was forced to live in the broken apartment at the rate of $400.00 per month. Plaintiff and his family and the landlords entered into yearly lease agreement but disputed in part because the initial lease was $400.00 and when the landlords suspected that Plaintiff and his family have rich supporter (The Church of Jesus Christ of Latter-day Saints) to contribute some amount to pay their rent the Landlords raised the agreed ($400.00) to $750.00 per month (EXHIBITS A & A.1.).

6.    The 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.

7.      Severally, Plaintiff requested the defendants to remove fix and reconnect the hot water, mold, lead, fix the door, stove, heating system, fix window and fix and replace broken glass of back window and he did nothing. Several oral and written notices were sent to the landlords and they remain unheeded.

8.  The defendants viewed the conditions of the Plaintiff and his family as gold pot  and they commanded them to pay advance rent and threaten to use police to evict them because Mrs. Hector works with Boston Police Department.  In July 2012 they paid the defendants advance rent totally $1,928.09 (EXHIBIT B) to cover some utilities which the defendants use and the rents were advanced for the months of July 2012, August 2012 and September 2012.

9.   In After Plaintiff and his family  paid this amount with the help of their church, the defendants disconnected hot water, discounted bath: all the hot water inside and outside the bathroom in addition to several other defects mentioned above including unserviceable stove, mold, apartment without heat and without serviceable heating system, etc.

10.     In September 2012, after the defendants spent the advance payment which Plaintiff  paid to them they said some people told the  Plaintiff and his family have been evicted for several times and that before they can continue to live in their apartment Plaintiff and his family must pay one year advance rent. All the defects mentioned above have not been fixed.

11.     In July, August, September, October, November, December 2012, January, February, March 2013 Plaintiff 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.

12.    In July 2012 following the visits of some electricity contracting firms and water commission to the landlords, and activities of construction workers inside and outside the basement, the electric company started sending to the Plaintiff and his family 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 Plaintiff’s 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.”

13.    In July 2012 the entire hot water system to Plaintiff’s apartment was disconnected. Plaintiff and his family filed oral and written complaints to the Commissioner of Energy, water commission, electric company, gas or national grid, etc but no hearing have been scheduled and Plaintiff continued to send reminders to the Commissioner of Energy, water commission, electric company, gas or national grid, etc

14.     June 2012 – December 2012 the bath was permanently blocked and we packed water after each bath into the toilet before another members of the family to use the bathroom/toilet and this ordeal sometimes caused Plaintiff and his family couple of tardiness to appointment and school. Several oral and written notices were sent to the landlords and remain unheeded.

15.    In September 2012 as all the defects mentioned above remain unattended and the Plaintiff and his family continued to suffer these ordeals, heartlessly, Rev & Mrs. Hector told Plaintiff  to pay one year rent before they can fix the majority of the defects mentioned in paragraph 1-7 above or they will use Police to remove their property into the street. Because this 12^th political homelessness since 2009 and the children are in their new schools trying to adjust after several relocations, Plaintiff and his family were forced to make forced decision to have roof over their head.

16.     Under this fear, Plaintiff and his family 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 C 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.

17.   Since July 2012, we have been using bitter cold water to wash dishes and do other household works.

18.   They worked on the gas oven in December 2012.

19.   They disconnected the cold and hot water in the shower and disconnected the hot water part of all taps in Plaintiff’s and family’s  apartment and there is no hot water in the entire apartment and Plaintiff and his family  have used cold water to do all works in the apartment and harmed by bitter cold water related pains.

20.     All the monies mentioned in paragraphs 1-19 above were not used to put the apartment into livable or habitable conditions. Children and parents get headache from mold and other bad living condition such as cold water, lack of heat, etc.

21.     After December 16, 2012 the landlords turn on the heat few times they observe that there are visitors in the apartment of the Plaintiff in order to justify these cruelties. Visitors to the apartment of the Plaintiff’s apartment are rare because for security reason and the major business of the Plaintiff is conducted electronically and it could take two weeks to see visitors in Plaintiff’s apartment. To prevent the Plaintiff and his family access to the utility room and basement the landlords used highly fortified objects to block the door to the utility room and basement.

B.        CLAIM AGAINST LANDLORDS, REV. & MRS. HECTOR CRUELTIES

                                                CLAIM #1

             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.

21.  Under homelessness and sleeping in the church worship building, on June 13, 2012 Plaintiff and his family seeking for any roof over their heads 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, Plaintiff 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

22.  The landlords did not respect any tenancy rules. Plaintiff and his family have been intimidated by these landlords who are aware that Plaintiff and his family are vulnerable and have no place to leave but have no money to pay rent. Plaintiff has never owned the Landlords and they have paying landlords in advance to enable them remain under the roof. Plaintiff and his family have complied in all aspects with the

terms of the tenancy.

                                 CLAIM #2

                 Pursuant to M.G. L. c. 239 c. section 2A;

c. 186 Section 18 the landlords are wrongfully attempting

                 in retaliation to Plaintiff and his family’s complaints.

23.   The landlords tried to trigger eviction each time Plaintiff request that defects in his apartment should be fixed and they retaliate against Plaintiff and his family by requesting them to pay one year rent in advance and we they step up oral demand on Plaintiff and continued to bang on the Plaintiff’s door to demand immediate pay or they will call Boston Police to forcibly evict them from the apartment.

24.   The Landlords have used other retaliatory measures such requesting the Plaintiff and his family to send utility bill and house rent in a single check and when Plaintiff request them to give for such consolidated check or payment, they become infuriated and threatened Plaintiff with eviction. When Plaintiff contacted the utility companies to know whether the Landlords paid the utility their utility, national grid and nstar told Plaintiff and his family that the landlords did not pay such bills.

25.  Under this lease agreement the landlords pay for water, garbage, removal of snow, sanitation, all repairs, etc. Because the Plaintiff and his family and their church, The Church of Jesus Christ of Latter-day Saints were able to several advance rents, the harassed and bullied the Plaintiff and his family to take over water bill for the entire unmetered building and Plaintiff was forced to $300.00 and other water bills without payment receipts to the ugly extent that the landlords refused to issue payment receipts to the Plaintiff  for the payments referred to in paragraphs 8, 16, etc above. Plaintiff and his family did not fear because the landlord, Mr. Allan Hector told Plaintiff and his family that he is ordained reverend of the Fountain of Grace Church but Plaintiff and his family 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 Plaintiff and his family to pay the bills, refused to unblock the sink of the bathroom and allow the Plaintiff and his family 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 Plaintiff to travel to distance to cook some meals, etc.etc. etc.  (EXHIBITS B & C)

26.    This defense entitles Plaintiff and his family 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 Plaintiff and his family to one to three times the rent or their actual damages whichever is greater and deems appropriate.

                             CLAIM #3

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.

27.    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:

27.a.  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.

27.b.  The landlord refused to make the Plaintiff habitable and the worst retaliation is the disconnection of the hot water punitively to make habitation more and more toxic because several months when the stove was not working Plaintiff and his family 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 Plaintiff and his family were facing and failed and neglected to advise the landlord.

27.c.  From time to time, several children and adults were sick because of use of icy cold water, molded apartment, lack of heat, etc.

27.b.   During initial payment for move in, the landlords told the Plaintiff and his family 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.

28.  Plaintiff’s and his family’s claim entitles me to damages for the reduced value of my home, calculated as the difference between:  (a) the full market rental value of my apartment in good condition, and (b) the reduced value of my apartment in bad condition.  I am also entitled to damages for any other losses, injuries, or expenses resulting from bad conditions.

C.              CLAIM AGAINST LANDLORDS, NATIONAL GRID, NSTAR AND BOSTON

                 WATER COMMISSION

                                   CLAIM #4

29.   The landlords, national grid, NSTAR, and Boston Water Commission have grandiosely  interfered with the quiet enjoyment of Plaintiff’s and his family’s apartment.

M.G.L. 239 section 8A; c. 186 section 14 and c.93A

 30.  The landlords, national grid, NSTAR, and Boston Water Commission did the following:

30.a.  In July 2012 – present, Landlords and the Boston Water Commission conspired together to disconnect 100% of all the hot water taps and allowed Plaintiff and his family to suffer for over 9 months without 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 Plaintiff that soon as the Plaintiff and his family 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.

30.b. National grid, NSTAR,  and landlords operated under secrecy to the extent of blatantly refusing to response to question as to reason why they have drawn the winter fuel account of the Plaintiff when hot water has not been working since July 2012.

30.c.   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 Plaintiff and his family over $400.00/mo as if Plaintiff and his family are operating a manufacturing company when one two bulbs and one refrigerator are working with electric supply.

D.                          CONCLUSION/RELIEF

WHEREFORE, Plaintiff and his family pray this Honorable Court to grant the following relief:

31.   On all the foregoing claims, award Plaintiff and his family double of the rent or the foregoing claim entitles Plaintiff and his family to one to three times the rent or their actual damages whichever is greater and deems appropriate by this Court and other payment in time and manner following:

31.a.  Advanced Check #1   (EXHIBIT B)

This Check was advanced to the Landlords under the poor conditions in the apartment:

June 13, 2012 ..............................................................$375.000 but $400.00 was received

July 1, 2012..............................................................................$750.00

August 1, 2012.........................................................................$750.00

Gas...........................................................................................$53.09 Gas Company refused to send full/complete bill.

TOTAL ADVANCE PAYMENT PAID TO THE : .............................................................$1, 928.09

31.b.   Advanced Check #2  (EXHIBIT C)

 September 1, 2012..........................................................................$750.00

October1, 2012.... ..........................................................................$750.00

November 1, 2012.........................................................................$750.00

Gas........................................................$85.32  Gas company refused to send full/complete bill

Electricity………………………………………………………………………………………$95.00(approx.)

TOTAL DUE: ......................................................................$2,325.32

Additional $1500.00 was added to $2,325.32  to cover part of our future rents which November 2012, December 2012, January 2013, February 2013, March 2013 and April 2013 and round up check amount consideration of the sum of $3,825.32 was received by the Landlords in October 2012. This payment was made to the Landlords and they spent over one month oversea and came without fixing majority of the defects mentioned above and non of the major life threatening defects such mold, hot water, heat, doors, etc were not fixed. In October 2012 the Landlords had seven months advance rent on hand and a person that claims Reverend of Christian church could be heartless and dangerous to leave innocent children, men and women to suffer under the terrible conditions stated above.

32.    On all claims aforementioned, award Plaintiff money damages, costs and such other relief this Honourable Court deems appropriate and stop the landlords from retaliation by use of police to evict plaintiff and his family asserting contra attack in nature unwarranted possession of the disputed apartment.

33.    Order the landlord to make all repairs to the defective conditions in family’s  apartment.

34.   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. 

35.  Refund to the Plaintiff and his family all the rent paid to the landlords: June 2012 through April 2013.

36.    Because of the jurisdictional limitation of this Court to award monetary damage, Plaintiff and his family request partial general damage of $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.

37.    Other relief this court deems fit.

E.                     REQUEST FOR A JURY TRIAL

38.    Pursuant to Part 1, Article XV of the Declaration of Rights and M. G.L. 218 section 19B, Plaintiff and his family claim their rights to a jury trial.

Respectfully submitted,

__________________

 Phillip C. Ofume, Ph.D.   

       Plaintiff

P. O. Box 2416

Lynn, MA 01903

Tel. 617-606-1753, 781-479-9027

limptintinc@gmail.com,ofume.phillip@gmail.com,

globalaids_hivcureinteracion@yahoo.co.uk

             CERTIFICATE OF SERVICE

I, Dr. Phillip C. Ofume  hereby certify that on April 15, 2013, I delivered in hand a copy of this original Complaint and Amended Complaint to the defendants at:      

Rev. & Mrs. Cynthia & Allan Hector

41/43 Gallivan Boulevard #2 (2^nd 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 C. Ofume