BROCKTON, MA HOUSING COURT: COUNTERCLAIM DEFENDANT’S MOTION FOR LEAVE TO FILE AMENDED ANSWER AND COUNTERCLAIM

                           COMMONWEALTH OF MASSACHUSETTS
                               BROCKTON DISTRICT TRIAL COURT
       HOUSING DEPARTMENT                     SOUTHEASTERN DIVISION

Plymouth/Bristol, ss.                                            Docket No.____________________
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                                            RST Investment Group & Landlord Connection
                                                                                  Plaintiffs
                                                       v.
                                 
                                                 Phillip Ofume
                                                               CounterClaim Defendants (Pro se)
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COUNTERCLAIM DEFENDANT’S MOTION FOR LEAVE TO FILE  AMENDED ANSWER AND COUNTERCLAIM
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RE:    COUNTERCLAIM DEFENDENTS’ OPPOSITION TO  THE PLAINTIFFS’ RETALIATORY EVICTION NOTICE OF A COURT CASE TO EVICT OFUME FAMILY, TENANTS AT 506 WARREN AVENUE APARTMENT 2 BROCKTON, MA 02301 FOR  CLAIM OF “RENT IS IN ARREARS” WITHOUT RECOGNIZING TENANT’S RIGHTS AND ABUSE OF TENANT’S FUNDAMENTAL RIGHTS PURSUANT TO .G.L. CHAPTER 23B, SECTION 30; M.G.L. CHAPTER 186 SEC. 18; M.G.L. CHAPTER 111; COMMONWEALTH OF MASSACHUSETTS SANITARY, CODE CHAPTER 11; MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION; 105 CMR 410.000; M.G.L. CHAPTER 239, SEC. 8A;  5th and 14th Amendments of the Constitution of the United States and also vested in Bill of Rights; Tenancy with a Lease;
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A.               STATEMENT OF AMENDED ANSWER AND COUNTERCLAIM

Lead CounterClaim Defendant,  Dr. Phillip Chukwuma Ofume on  behalf his family moves this Honourable Court seeking leave to file Amended Answer and CounterClaim as follows:

1.    To the limited extent to relief this Honourable costs and other claims outside its operational and task jurisdictions because CounterClaim Defendants are proceeding to Courts with Jurisdiction to entertain these claims,

2.      To extent that CounterClaim Defendants desire to add more EXHIBITS, to the extent that CounterClaim Defendant  requests this Court that upon hearing and determining his Child's Motion to Vacate default judgment thereafter list Phillip Ofume as lead defendant. Plaintiff with escalated personal intention to deceive this Court included a child of the seven children of the CounterClaim Defendant as lead defendant and same child who knows nothing about the eviction case when no rent was owing or overdue,  lease agreement, rental activities in which the Plaintiff duped CounterClaim Defendant and his family by dubiously twisted their hands and failed to allow them to move in to better apartment {96 Walnut Street Brockton, MA} which they negotiated and paid in full first and last month rents and dumped them in dangerous and unhabitable apartment for children and adults because of their vulnerable conditions in the United States. Report of the Board of Health (Inspectional Department) on the inspection conducted on 506 Warren Avenue Apt. #2 Brockton, MA 02301. EXHIBIT Q.

3.     To the extent that CounterClaim Defendant has prior to this Amended CounterClaim and Answer that the  Defendant and his family were forced to take/live in an unhabitable apartment and as result of this rental fee fraud, this Court to order Plaintiffs to refund all the rent paid and return CounterClaim Defendant and his family to  96 Walnut Street Brockton, MA or give them five months to search for livable apartment without rent paid to the Plaintiff..

4.  In as much as the Claim of the Plaintiff in amount of  $2025.00 (TWO THOUSAND AND TWENTY FIVE US DOLLARS) on after October 27, 2011 is fraudulent, fictitious and deceit to misinform this Court when nothing was owing, CounderClaim Defendant requests this Court to dismiss Plaintiff Notice of Eviction because Plaintiffs rushed to Court as retaliation against the lawful request of the Defendant to fix multiple defects in the disputed apartment or transfer them to livable apartment.  Plaintiffs rejected payment by check, bank draft and credit card and demanded for only cash and as result enlongated October 2011 payment to November 1 -3, 2011. There was notice to the Plaintiffs of the timing of October/November 2011 checks.

 B.                  QUESTION IN ISSUE/HISTORY & ANALYSIS

5.    Whether  “RENT IS IN ARREARS” as claimed by landlords who love money and big life and reject tenants’ rights or Constitution of the United States and Bill of Rights..
Analysis:
In October 2011 under Tenancy with a Lease,  thus  when Plaintiffs (landlords) proceeded to Court to file EVICTION NOTICE without preliminary QUIT NOTICE there was no rents in arrears as bogusly claimed under political animosity,  consideration of the sum of  $2025.00 (TWO THOUSAND AND TWENTY FIVE US DOLLARS) on after October 27, 2011.  Plaintiffs rejected payment by check, bank draft and credit card and demanded for only cash.

Because of Plaintiffs’ mistreatment of the Defendants including blatant  refusal to fix any of the several severe and minor defects (EXHIBITS B & C) across disputed apartment,  Defendants decided to withhold November 2011 and  further rents pending determination of this Court and BOARD OF HEALTH,

a.  Landlord:
“The Massachusetts Supreme Judicial Court ruled that when a landlord fails to maintain a dwelling in habitable condition, a tenant may properly withhold a portion of the rent from the date the landlord has notice of this breach of warrant of habit-ability.”

b.  Tenant
“As a tenant, you have a legal responsibility to pay your landlord for the use of a place that is in decent condition. Massachusetts law also provides you with rights that protect the payments you make to the landlord (M.G.L. c. 186, § 15B)”

6.     Plaintiffs are corporate body and incorporated in the Commonwealth State of Massachusetts but they don’t receive money with their own name and OFFICIAL RECEIPTS, BANK CHECK, BANK DRAFT,  CREDIT CARD and related government approved legal mechanism. Without legal reason, Plaintiffs allow only PAYMENT BY CASH and receipt issued is ANONYMOUS RECEIPT (EXHIBIT E).  CounterClaim Defendants relocated to the City of Brockton from Lynn and their bank accounts are in Lynn and their banks allow external cash withdrawal of small amount.
Payment history summarized:  August 13, 2011 through October 2011  
a.      PLAINTIFFS’ ANONYMOUS RECEIPT No. 734521   $2,600.00  (08/13/2011) EXHIBIT F
b.      PLAINTIFFS’ ANONYMOUS RECEIPT No.  734520  $40.00 (08/13/2011)  EXHBIT G
c.      PLAINTIFFS’ ANONYMOUS RECEIPT No. 734743 4  $675.00 (9/16/2011)  EXHIBIT H    
d.      PLAINTIFFS’ ANONYMOUS RECEIPT No. 428788   $1,180.00 (11/1/2011) EXIBIT I
e.      PLAINTIFFS’ ANONYMOUS RECEIPT No.  428794    $170.00 (11/03/2011) EXHIBIT J
 Plaintiffs rejected check issued by a popular US base  Italian Restaurant (Carrabbas, Peabody, MA) and                                                                          
Defendants have to travel to deposit the check into their own bank account off  jurisdiction.  History of Defendants’ payment shows that the Plaintiffs jumped into Court Eviction without reason and forged amount owing to steer sympathy before this honourable Court.

7.   Whether there is sufficient Notice in accordance with 5th and 14th Amendments of the Constitution of the United States and  Bill of Rights and Tenancy with a Lease. The type of tenancy entered into between Plaintiffs and Defendants  is “A Tenant with a Lease.” This Lease has its own rule.

C.                                                    JURISDICTION

8.    Action of the Landlord/Plaintiffs is retaliation against  the lawful prior action of the CounterClaim Defendants when they lawfully proceeded to write to the landlords several letters (shortlisted and incorporated as EXHIBITS K, L,  requesting them to put the apartment to habitable standard and when they refused to fix the multiple defects, Defendants proceeded to file Complaints with the BOARD OF HEALTH (EXHIBITS B & C) and that the action of the Defendants is in normal  tune in good faith respecting the rights of the landlord and tenant in accordance with M.G.L. CHAPTER 23B, SECTION 30; M.G.L. CHAPTER 186 SEC. 18; M.G.L. CHAPTER 111; COMMONWEALTH OF MASSACHUSETTS SANITARY, CODE CHAPTER 11; MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION; 105 CMR 410; 105 CMR 410.000; M.G.L. CHAPTER 239, SEC. 8A; 5th and 14th Amendments of the Constitution of the United States and also vested in Bill of Rights; Tenancy with a Lease (EXHIBIT D).
                                                                                                                                   
9.     The action of the defendants complies with the operating laws of the Commonwealth of Massachusetts cited in para 1 above and related legislation cited below including 105 CMR 410.

10.  Reliant  the horrible conditions  inside and outside the  apartment, the landlords do not merit any rent in accordance with M.G.L. CHAPTER 239, SEC. 8A and they acted contrary to M.G.L. c. 186, § 18 because as no rent was outstanding and  overdue, to the extent that the landlords received full rent and in possession of Defendants’ $1,350.00 and defects remain unfixed and the landlords are  in-charge of any utilities in the apartment, therefore the Land

11.     Under this arm-twisting  and imbalance tenancy, no recognition of Tenancy  with a Lease particularly lack of sufficient notice and eviction without with civil demand notice and intent to proceed to court and mandatory and other forms of notice to quit.

                                     COUNT # 1
                                                       
D.         PROOF OF ILLEGIBILITY TO RECEIPT OF RENT AND REASON THE TENANTS  OR COUNTERCLAIM DEFENDANTS REFUSED TO PAY NOVEMBER 20, 2011 ET AL RENT PENDING THE DETERMINATION OF THIS ACTION.

                  Horrifying Conditions in the Apartment
12.   The Ofume family moved in  August 17, 2011 about 11.00 p.m.. Letters and personal meetings were made to request landlords to fix defect but plea remain unheeded.

13.    All the defects stated below were inherited under rushed  and nowhere to live occupancy. Oral and written Complaints put to the landlords but they refused to fix the following major defects:

13. 1.  Ofume family lives in apartment #2 and each time tenants in apartment #3 are bathing or using water there is pool of water coming down from the roof and flooding the Ofume family’s apartment particularly washroom and other spots of the apartment.

13.2.  Complainant or Ofume family is unable to bring in  furniture, rugs and other goods and  properties because of water drilling and something that looks like slime mold or fungus across the apartment which the family clean every 48 hours. The walls are easily blacken and with watery substances flowing out from the walls.

13.3     Some windows are unserviceable and prone to fall and one went down two day when the family moved into the apartment.

13. 4.  The family is in-charge of all utilities but there is no heat in apartment because 100% of the ancient transformers powered by gas are unserviceable and not working. Gas has been paid in full from month to month.        
                                         
13.5. .  Some doors have cracks and unserviceable including the front entrance door which requires new keys.
                                                         
13.6.   Majority of the fire alarms and carbon dioxide detector are not working;

13.7.  there are several bugs, cockroaches, rats, mice, and other animals;

13. 8.    Some of the transformers  inside and outside  living room are unserviceable to breakup and fall and one of thee Transformers can kill an adult .

13.  9.  Some of the transformers are unserviceable to the extent that they produce electrocution if touched.

13.10.    Refrigerator is leaking and produces water which the family must clean from time to time.

13.11.    Majority of the electric  bulbs high and low are uncovered and the light shines into the children and adult eyes.

13.12.  Several electric sockets are unserviceable and damaged for several years and with open current which could harm children and adult.

13.13.  Because of the horrible moldy conditions of the  majority of the rooms  of the apartment  including the living room, the family abandoned major part of the apartment.

13.14.  Several occasion, the Ofume family has pleaded orally and in writing that the landlord find livable apartment for them but its plea remain unheeded by the landlord.
etc.
                                        COUNT # 2
                                                                     
B.                   Statement of  Fact/Analysis of Mistreatment

14   Complainant, Ofume family is a large family with seven children and two parents and 8 members reside at the apartment afore-underlined.

15    Reason surrounding lead parent’s  Dr. Phillip C. Ofume’s bid for the President of Nigeria, 2007, 2011 and 2015 when no rent is owing  punitively his political opponents (sponsored by Anglo-Dutch Oil/Gas Companies and allies) have adopted  paid incessant poor housing, homelessness and harsh economic persecution as tools to disrupt his campaign.  These political opponents influenced the landlords, courts. utilities, district, county, state and federal governments’ agencies and private sectors service providers.  See Ofume v. George W. Bush et al – The Supreme Court of United States Docket No  08-8873  http://groups.google.com/group/soc.org.nonprofit/browse_thread/thread/cf9abb1 be2edefa7?pli=1

16.     From long exhaustive and high costs stay  hotel to hotel, apartment located at 96 Walnut Street Brockton, MA was negotiated for over two weeks and the landlord having been told the desperate conditions of the Ofume family to get apartment immediately, the landlord refused to bear burden  of any part of the utilities. 100% of the utilities were pushed to the Ofume family.

17.    From place to place after the Ofume family has negotiated with landlords and other agents and paid advance, few hours time these , political opponents who carry bags of money up and down  will influence them and they will telephone the family to deny the family’s application without reason.

18.   Some of the landlords and real estates agents influenced are as follows:
-    Mayberry Communities Apartment Management (Park Street Lynn, MA): Apt for rent - 10 Lawton Avenue, Apt. # 1 Lynn, MA 01904

-     111 Foster Street  Peabody, MA Tel. 978-771-0373

-       145-135 Ward Street Revere, MA  - returned deposit

-   Claudel Jeannot, 1 White Oak Drive, Nashua, NH 03063  Apt. located at 34 Shermam St. Peabody  Tel/Fax 1-9783302860
                                                         
Etc.                            
C.            AGREED  MOVE IN DATE  AUGUST 16, 2011    


 
19.       On August  13, 2011 negotiation for  96 Walnut Street Brockton, MA was finalized ($1,300.00 without utilities) and $2,640.00 (TWO THOUSANDS SIX HUNDRED AND FORTY US DOLLARS) was demanded by the landlord and the Ofume family who was drifting towards 8th politicized homelessness did not question the request and the family paid in full and questionable two  payment receipts for $2600.00 and $40.00 without the corporate and other names of the company (now after move in suspect  disclosed and identified as “RST Investment Company and Landlord Connection”. The move in date was August 16, 2011. The family thought that the anonymous receipt thing was DIRECT scam on the family.

20.    On August 16, 2011 the family checkout from the hotel and  arrived in the landlord’s  office at about 9.00 p.m.  to move in (96 Walnut Street Brockton, MA)  and the landlord told the family that he is no longer going to take  $1,300.00 without utilities and that the last amount  he will take per month will be $1,350.00 (ONE THOUSAND THREE HUNDRED AND FIFTY DOLLARS).

21.  On August 16, 2011 the landlord  has done a good psychotherapy on the family to the extent that the landlord had in mind  via using his staff to question the family’s cash strength after spending so much on hotel bills. The family was forced to add additional $100.00 for first and last month rents.

22.   On August 16, 2011 as the time continued to move towards 10.15 p.m. the landlord and staff broke another terrible news that they will not rent out 96 Walnut Street Brockton, MA to the family and that they have  another apartment and the family should accompany  their staff to the apartment located at 506 Warren Avenue, Apt. #2 Brockton, MA .

23.    Upon  entering the apartment and entering the  toilet was blocked with pieces of paper, cigarettes, crumbs of food, etc;  smelling and highly dirty apartment, family’s children started crying because they were several mice/rats, cockroaches and other bugs running up and down across their feet.

24.   Because the premises is bushy and dirty and inside the apartment was more scaring , the  family was overwhelmed with the fear of snake and other harmful creatures.  The family decided to go back to hotel because the staff of the landlord promised that they will do the cleaning, extermination, etc before  7.00 pm on August 17, 2011.


25.  On  August 17, 2011 the family arrived at about  11.00 p.m. and opened the apartment and no cleaning was done. The family  moved in and they  mobilized  themselves to do several walls, floor, window, toilet, public or all tenants  staircase, bath, etc cleaning and this routine continues  time to time to make the apartment somehow livable.

26.   After several contacts including  writing  to the landlord and nothing was fixed, the family telephoned the Mayor’s Office, Board of Health which is across the street, received defendant's application and petition  and requested for inspection and the apartment was inspected. EXHIBIT Q.

D.                                              CONCLUSION/ RELIEF
BASED ON FOREGOING, Plaintiffs’ Eviction Notice and falsified monetized claim against the CounterClaim Defendant and his family be dismissed with costs  limited to refund of all the rents which CounterClaim Defendants paid to Plaintiffs, August 13, 2011 through present and relocation of the family to 96 Walnut Street Brockton, MA or five months apartment search without rent to Plaintiffs to enable Defendants and his family find alternative apartment and vacate the disputed apartment.

_______________________
Dr. Phillip C. Ofume & Co.
 P.O. Box 2416                                                                                                                                                                         Lynn, MA 01903
Tel. (781) 479-9027,                                                                                                                                                       E-mail: limptintinc@gamail.com