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.
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 12th 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 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.
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
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 (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 C. Ofume
No comments:
Post a Comment