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BOSTON HOUSING COURT: OFUME V. REV. & MRS. HECTOR - Civil Action Docket No. 13-CV-264
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May 9, 2013, 11:43:20 AM5/9/13
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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 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
limpt...@gmail.com,ofume....@gmail.com,
globalaids_hiv...@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 (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
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 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
limpt...@gmail.com,ofume....@gmail.com,
globalaids_hiv...@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 (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
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