BOSTON HOUSING COURT AND
BOSTON POLICE DEPARTMENT: EXTENSIVE BRIBERY AND CORRUPTION
London, UK June 16,
2013
1. Dr.
Phillip C. Ofume is Nigeria's presidential candidate in exile and Nigeria's
foreign and domestic oil/gas companies and their grantors pay large amount of
bribe to the Housing Court and landlords to evict Dr. Ofume and his family. The
on-going eviction is the 12th eviction since August 2009.
2. The advance rents paid to these landlords extent to June 2014 to enable roof
over the head of the Ofumes. These rents were paid by checks and cash and
utility bills were requested by the landlords and the landlords refused to
issue payment receipts to Dr. Ofume and his family. Each time they request for
payments receipts, the landlords call the Boston Police Officers to remove them
and their properties. Some of these police officers said, “we can do what we
want to do…you must do what the landlord requests you to do…”. The female
landlord is a police officer and works with the Boston Police Department. These
landlords have been using tugs and other area people to bang the roof of the
Ofumes almost 24hours/day and Dr. Ofume and his family have called this police
department to advice these landlords and also press charges against them but no
action has been taken by the Boston Police Department. The landlords have
issued chargeable threat on Dr. Ofume and all were reported to this police
department and it took no action including charging them.
3. The Judge did not dismiss the eviction
complaint for no reason because the landlords complained rent whereas no rent
is owed and the landlords have to refund rents which Dr. Ofume paid to them.
4. Board of Health and Health Commissioner
reported that the two bedrooms apartment are not habitable because of molds,
lead, and other defects. The landlords confirmed that there is lead in one of
the rooms according to past fitness test but the Judge did not question the
landlords on reason why they rented two unfit two bedroom to the Ofumes.
5. Between July 2012 to April 16, 2013 the
landlord and Boston Water Commission disconnected the Ofumes' hot water, heat,
and all the cold water on the taps transporting hot water. The landlords
received rent and utility monies and heartlessly disconnected these utilities.
The Judge is aware of the cruel action of the landlords.
6. After the Board of
Health and Health Commissioner issued report on the defects across the
apartment, the landlords proceeded to Boston Housing Court to file eviction
complaint. This clear retaliatory action pursuant to M.G.L. c. 186 secs.
11-13-17.
7. Dr.
Ofume filed two copies of the brief posted below and the Clerk took one
copy and gave one copy to Dr. Ofume. During the forced trial Judge (Marylou)
complained that this brief was not on file and the Judge (white) did not
request the clerk to find the brief because she has per-determine the type of
decision she would give in favor of the white attorney.
8. Plaintiff did not follow the housing court
rule such as to serve Dr. Ofume a 14-day notice to quit before proceeding to
court to start eviction complaint.
9. The trial was forced down on the first day
without allowing parties to try mediation before court housing specialists. Dr.
Ofume was not allowed by Judge Marylou to issue subpoena on his witnesses
because the clerks told Dr. Ofume that the Judge impounded the case file.
10. Because of this lack
case file Dr. Ofume discussed
with the opposition attorney to enlarge the date of the continuation of the
initial forced trail to June 26, 2013 to enable Dr. Ofume issue subpoena on his
witness. June 7, 2013 Dr. Ofume and the opposition attorney appeared before the
Court to discuss extension of the date of the continuation of the trial to June
26, 2013 but Dr. Ofume was not aware
that the opposition attorney and the Judge have been have some secret
meetings.
11. On June 7, 2013 very shocking, on the date of
this re-schedule appearance, the Judge forced Dr. Ofume and the opposition to
continue the trial when Dr. Ofume hoped that Judge will grant the extension
because there is urgency in this case because Dr. Ofume and his family have
paid rent and utility in advance.
12. Several times including the day when there
were some visitors and others in the Ofumes’ apartment these landlords have
forcibly opened and entered the Ofumes’ apartment through the defective doors and
started taking photographs of the Ofume children and parents and Boston Police Officers were variously
and severally telephoned and on few occasions they came without arresting these
landlord police officer and pressing charges against her and the other male
landlord for forcible entry and taking picture in tenants apartment without
their consent, Some of the police officers told the ofumes that the landlords
have rights to do what they are doing. Because
of the Ofumee’ case brought against Boston Police Department in the Suffolk
County Superior Court for negligence, Boston Police Department became angry and
during one of the Ofumes’ calls to request this police department to advice
this landlord police officer to stop the landlord from taken photograph of their
children and parents without their consent, Boston Police Department charged one
of the Ofumes for advising this landlord police officer that their action is
unlawful and because of this advice shamefully for this corrupt police
department charged this Ofume and July
25, 2013 have been scheduled for probable cause hearing without interviewing
and taking statement from this Ofume. Under the U.S. law including the Constitutions
of the state and federal government of
america, have the police and the landlords the rights to do what they have done
to the Ofumes?
12. Action of Judge
Marylou and the landlords violates 5th and 14th Amendments to the Constitution
and Bill of Rights of the United States.
13. At Dever-McCormack k-8 School Ofume child was
stabled and Boston Police Department and complaint was filed with Boston Police
Department and no investigation was conducted and no charge was brought against
the female student and the schoo.l did not suspend the student or do any to the
student.
14. A male student at Dever-McCormack k-8 School
Ofume forcibly slammed metal door on the hand of the Ofume child and fractured
his hand and he wore cast for long time. Complaint was filed with the Boston
Policed Department and letters were sent to the Chief of Boston Police Department
and no action was taken to charge this male student and no action was taken
against this male student and also the school did nothing to reprimand this
student.
15. Because of the corrupt conducts of the police
and the school safety transfer was requested and the white principal failed to
sign the transfer and based on the reports of different Physicians, Dr. Ofume
decided to place the child under LIMPT, INC (EDUCATION AND WORKFORCE PROJECT)
in collaboration with the Boston Public School (Optional Education Program) and
LIMPT, INC has designed COMPLETION CURRICULUM to enable the child complete the
remaining part of the 2012/2013 academic year.
etc see further readings below.
What experts at law said:
Apart from this Court,
no Housing Court and other trial court will not dismiss the landlords' eviction
complaint and if the court is not transparent to edge, it will dismiss the
complaint WITHOUT PREJUDICE.
__________________________________________________________
COMMONWEALTH OF MASSACHUSETTS
SUMMARY PROCESS ANSWER
AND COUNTERCLAIM
Suffolk, ss.
BOSTON DISTRICT TRIAL COURT
HOUSING COURT DEPARTMENT
CITY OF BOSTON DIVISION
Civil Action
Docket No. ?
___________________________________________________________________________________
Cynthia Hector and Allan
Hector
Plaintiffs
v.
Phillip Ofume (on behalf
his family)
Defendant
_______________________________________________________________________
DEFENDANT’S OPPOSITION AND
COUNTER-CLAIM TO PLAINTIFF’S COMPLAINT
________________________________________________________________________
Here comes Defendant, Dr. Phillip Ofume and his family
request this Honourable Court to dismiss Plaintiff’s Complaint (EXHIBIT A & A.1.) pursuant to Mass. R. Civ. R. P. 12(b)(6) (5) and I strongly enter opposition to Plaintiff's
retaliatory and persecutory Complaint because my family and I paid the
Plaintiff over 12 months advanced double rents to enable the Landlords fix the
multiple defects in the disputed apartment particularly the deadly lead, molds,
etc and after receiving these large amount of money for over 12 months rents
they did nothing and after several oral and written plea, they did nothing and
spent the large amount of money. I filed complaints with the Hon.
Commissioner/Secretary of Energy, Hon.
Secretary of the Department of Health and Human Services, Federal Environmental
Protection Agency, City of Boston Mayor and his agencies, World Health
Organization (WHO), United States Senate, President & Vice-President of the
United States, etc but the landlords continued to use money to lobby the
authorities to prevent them from coming to view and inspect our apartment. In
2013 I decided to do direct petition on the above mentioned authorities and in
April 2013 they were forced to start inspections in our apartment and our 1st
Amendment action has angered the landlords to rush to this Court to file
eviction against me and my family without exhausting available administrative
remedy. I also seek injunctive relief in nature of a monetized compensatory Counterclaim of our suffering,
hardship, living in Plaintiffs’ broken, molded and lead infected apartment with
under 6-year old child and other loses which my family and I suffered since
occupation of the disputed apartment on June 13, 2012 and further because of the following reasons:
A. STATEMENT OF FACTS
1. My name is Dr.
Phillip Ofume.
2. I live at 41 Gallivan Boulevard 1st
Floor Dorchester, Massachusetts 02124 which is part of one small room because
the second small room is molded and unhealthy for living. The second small room
is leaded and unhealthy for living because of my under-six year child. None of
the two disputed small bedroom apartment is habitable.
3. On June 12, 2012 my family and I were
politically rendered 11th homelessness since 2009 because of my bid
for the President of Nigeria 2015 and this 12th eviction is governed
by retaliation and my bid for the President of Nigeria energized this
persecution.
4. My family and I have been forced to pay
$750.00 instead of $400.00 in rent per month for this two inhabitable small bedrooms apartment. The two bedrooms
are not habitable for children and
parents because of molds, lead, chronic dampen molds, etc.
5. I signed a written lease for one year in June
2012 and according to this lease (EXHIBIT B) monthly rent is $400.00 and must be paid first day of the month
but we were forced to pay over 12 months double rents which now extends to
about June 2014.
6. I deny that my family and I are owing the
Plaintiffs, Rev. Allan Hector and Mrs. Cynthia Hector. According to EXHIBIT
B, the Plaintiffs are
owing my family and I several thousand of dollars in rent over/double-payment
and must be refunded to us immediately with interest and other punitive costs
this Court deems appropriate.
7. I deny that my family
and I live in 41 Gallivan Boulevard 1st
Floor Dorchester, Massachusetts 02124 unlawfully and against the right of the
landlords or plaintiffs.
8. I deny that the Plaintiffs served my family
and I a 14-day Notice to Quit prior to filing Complaint against me and my
family in this Court. See EXHIBITS C & D.
9. I admit that in July
2012 and October 2012 the Plaintiffs have bullied and harassed us with several
oral and few written quit notice to force us to pay up to 12 months advance
rents and that failure they will use police and sheriff to move us and our
properties into the street.
10. I admit that because
of Plaintiffs’ threats stated in paragraphs 1-9 above, we were forced to pay
over 12 months advance and double rents
to the Plaintiffs. See EXHIBITS E &
F
11. I admit and say that the eviction of the
Plaintiffs is in swift retaliation to my Complaint to The Hon.
Commissioner/Secretary of Energy, Hon.
Secretary of the Department of Health and Human Services, Federal Environmental
Protection Agency, City of Boston Mayor and his agencies, World Health
Organization (WHO), United States Senate, President & Vice-President of the
United States, etc.
12. I submit that the Landlords Rev. & Mrs.
Hector are aware that there is lead and molds in their apartment (41 Gallivan
Boulevard 1st Floor Dorchester, MA 02124) and the landlords know
that we have under 6-year old child.
13. My family and I moved in 41 Gallivan
Boulevard 1st Floor Dorchester, MA 02124 on June 13, 2012. On June
13, 2013 the landlords, Rev. & Mrs. Hector told me to pay full one month
rent ($400.00) instead of half month rent ($200.00) because according to the
landlords they want to use the money ($400.00) to hire mold and lead
remediation experts to remove the lead and molds in our apartment.
14. That June 13, 2012 through May 14, 2013 I submit that after receiving several months
advanced double rents and $400.00 without payment receipts issued to us, the
landlords did not remove the lead, molds and fix other defects in our apartment.
15. I submit that in presence of several people
the landlord, Mrs. Cynthia Hector threatened to kill me and she repeated it as
follows: “mr. ofume you are dead, you are
dead, you are dead, you are dead, I say you are dead,…” Boston Police Department (BPD) was informed
and they did nothing because the landlord Mrs. Hector claims she is one of the
staff of the BPD.
16. I submit that the landlords forced us to pay for water and other utilities which
they use and that the checks issued to the landlords show that we are pay rent
and utility to the landlord because they claimed that they will pay the utility
companies.
17. I submit that some staff of
the utility companies confessed that the landlords have not been paying this
money to the utility companies.
18. I submit that I have used
cash and checks to pay the landlords rent and utilities and that they have
refused to issue payment receipts to me.
B.
OPPOSITION
COUNT # 1
Pursuant to M.G.L. c.186 sections 11-13, 17
the tenancy was not properly terminated.
19. The landlord did not terminate my tenancy
properly and that this termination be dismissed without prejudice { (Mass. R.
Civ. R. P. 12(b)(6) (5) } and
with legal costs not less than $2500.00 paid to me and my family immediately.
My CounterClaim to continue before this Court.
20. I have paid the landlords double and advance
rents of over 12 months to enable them fix the multiple defects in our
apartment and that the landlords are owing me and my family the following double
rents and other surplus monthly payment:
June 13, 2012
..............................................................$400.00
July 1,
2012...................................................................$750.00
August 1, 2012...............................................................$750.00
Gas.................................................................................$53.09
TOTAL DUE:
.................................................................$1, 928.09 (Check)
EXHIBIT G
September 1,
2012...........................................................$750.00
October1, 2012....
.............................................................$750.00
November 1,
2012..............................................................$750.00 (cash
– rent)
Gas...................................................................................................$85.32
Electricity………………………………………………………………………………………$95.00
December
2012……………………………………………………………………………..$750 (cash – rent)
January 2013…………………………………………………………………$645.00.32 ($600.00 rent & $45.32 Ut)
February
2013………………………………………………………………………………..$750.00 (cash rent)
March
2013…………………………………………………………………………………….$750.00
April
2013………………………………………………………………………………………..$750.00
TOTAL PAID:
......................................$3,825.32
(Check) EXHIBIT H TOTAL PAID………………………………………….$2354.68
(Cash)
October
2012 ……………………………………………………………………………………..$300.00 (cash - water)
November
2012………………………………………………………..$350.00(cash – rent)
December
2012………………………………………………………..$750.00 (cash – rent)
January
213…………………………………………………………….$250.00 (cash – NSTAR)
February
2013…………………………………………………………..$40.00 (cash – nat. grid)
February 2013………………………………………………………….$750.00 (cash –
rent)
March 2013…………………………………………
…………………..$150.00 (cash –nat grid)
TOTAL CASH PAID: ………………………………………..$2590
+$2354.68 = $4944.68
TOTAL CHECK
PAID………………………………$3,825.32
+ $1, 928.09 = $5753.41
21. The rents I have paid to
the Plaintiffs, Rev. & Mrs. Hector if computed at the rate of $400.00 per
month in accordance with the one year lease which I signed with the landlords,
my advance rents will expire after March 2014. But if the unpaid utilities
money is added my advance rents will expire after June 2014.
22. The utility companies,
Boston Water Commission, NSTAR and National Grid have unofficially confessed
that the Landlords, Rev. & Mrs. Hector have not paid all the money stated
above to them. We are requesting this
Court to use its trial power and jurisdiction to order part of this case to be
made criminal because of this clear allegation of conversion, embezzlement and
fraud.
23. The Plaintiffs have been using harsh threat
of eviction, police and sheriff to force
me to pay them the money listed above. The conditions (molds, lead, leakages,
no heat, no hot water, etc) in the apartment does not require my family and I
to pay them rent and utility.
24. My apartment is two small bedrooms apartment
and the two bedrooms are not habitable because of molds, lead, no heat, no hot
water, etc. For example, between June 13, 2012 and May 14, 2013 molds and lead
scared us out of the two bedrooms and we have been sleeping in the living room.
On May 15, 2013 part of the molds in the apartment including the molds in one
of the two bedrooms were removed and
since May 15, 2013 at about 2.00 pm we started using one bedroom and the second
bedroom remain abandoned because of the lead there.
25. The Summons and Complaint are defective as it
fails to state any claim which would require termination of my tenancy.
26. The landlords, Rev. & Mrs. Hector case
should be dismissed as I have in all aspects complied with the terms of the
tenancy vested in the yearly lease which we signed on June 13, 2012.
.
COUNT # 2
Pursuant to M.G. L. c. 239 c. section 2A;
c. 186 Section 18 the landlord is wrongfully attempting
in retaliation to my complaints.
27. The
landlords are trying to evict me and retaliate against me because:
27.a. On April 25, 2013 as usual when the landlords
requested me to give them another 12 months rent and that without paying they
will not renew my yearly lease and I refused to issue another 12 months rents
to them because they are owing me over 10 months advance rents and other
payments.
27.b. On April 13, 2013 the landlords showed me
document marked EMERGENCY which contained several violation citations issued by
the Department of Health Inspectional Services and requested me to pay them
advance rent to enable them pay construction works. I asked them to show what
they have been doing with EXHIBITS G
& H and several other monies I have paid to them. Highly infuriated, they said we are going to
evict you and your family.
27.c. Each time,
I paid the landlords EXHIBITS G & H and other monies, they made promises to fix the defects but they did
nothing and Mrs. Hector thinks because she works with the Boston Police
Department as such she can do and undo.
27. d. My family and I have made considerable
expenditures; passed through hard and painful times; made considerable efforts to use the law of
the United States to compel the landlords to remove the molds on May 15,
2013; made one of the bedrooms habitable; etc.
27. e. This defense entitles my family and I to
possession. Where this is raised as a
counterclaim, this entitles my family and I to one to three times the rent or
my actual damages whichever is greater as the Court deems fit.
C. COUNTERCLAIM
COUNT #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.
28. We paid several months advance rents (EXHIBITS G , H, and other payments) 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 I, J & K).
29. 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:
29.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.
29..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 G, H, and other payments)
covering over 10 months of advance rents
but refused to fix the defects in part cited in (EXHIBITS
D, E & F)
but they refused to do anything because our political opponent assured them
that they are the commander-in-chief of the United States.
29.c. The experience of living with six children
without heat and hot water is dreadful
and which no human being would pray to experience. Our first aid shelf is
stocked with cold, cough, fever, etc medications because of us of cold water to
wash hands and do other household works. Heartless rich man and woman of God,
allowed these mistreatments to persist to present time.
29.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.
29.e. 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.
30. 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 : APPORTIONMENT OF FAULT
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
31. The landlords, Rev. & Mrs. Hector, in
collaboration with the Boston Water Commission, NSTAR and National Grid did the
following:
31.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.
31.b. The landlords received several months
advance rents (EXHIBITS G, H, and
other payments.) and after receiving this large amount of he promised to
unblock the bath sink but they did nothing.
31.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.
31.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.
31.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
landlords, NSTAR, Boston Water Commission and National Grid interfered with the quiet enjoyment of our
apartment.
M.G.L.
239 section 8A; c. 186 section 14 and c.93A
32. The landlords, Rev. & Mrs. Hector,
Boston Water Commission, NSTAR and National Grid did the following:
32.
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.
32.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.
32.
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
G.
32.
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.
32.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 L, M,
32.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.
32.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.
32.h. Restating that since July 2012, we have been
using bitter cold water to wash dishes and do other household works.
32.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.
32.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.
33. The landlords, Rev. & Mrs. Hector did
the following:
33.a. Under homelessness and sleeping in the church
worship building, on June 13, 2012 with money to rent apartment but no
apartment to rent we sought for any roof over our heads and we moved in 41
Gallivan Boulevard #1 Dorchester, Massachusetts 02124 with several defects
mentioned above and without landlord and tenant pre-move in inspection. Several
times, I requested for inspection in the apartment because of the fraudulent
claims of certain landlords against their tenants (Ofume v. RST Investment
Group, etc – Mass Supreme Judicial Court (2012), Ofume v. Nancy Vigorito, MBHP,
et als – The Supreme Court of the United State
33.b. The landlords did not respect any tenancy
rules. My family and I have been
intimidated by these landlords who are aware that we are vulnerable and have no
place to leave but have money to pay rent. We have never owned the Landlords
and we have been paying these landlords double rent in advance to enable them
remain under the roof. We have complied in all aspects with the terms of the
tenancy and the yearly lease.
33.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.
33.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, lead, etc the
landlords did nothing to present time and each time these molds and other
conditions in our apartment make us sick.
33.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.
33.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 us to defend
ourselves and issued some of the payment receipts through our Bishop whereas we
pay the landlord the money and the
Bishop has not delivered some of these receipt to us. All the money we paid to
the landlords in cash have not been receipted.
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.
34. The landlords, Rev. & Mrs. Hector did the
following:
34.a. The landlords tried to trigger eviction each
time I request that defects in our apartment should be fixed and they retaliate
against us by requesting us to pay one year rent in advance and they step up oral demand on me and continued
to bang on our door to demand immediate pay or they will call Boston Police to
forcibly evict us from the apartment.
34.b. The Landlords have used other retaliatory
measures such requesting my family and I
to send utility bill and house rent in a single check and when I request
them to give us receipt for such consolidated check or payment by cash, they
become infuriated and threatened us with eviction. When I contacted the utility
companies to know whether the Landlords paid the our utility, national grid and nstar told my
family and I that the landlords did not
pay such bills.
34.c. Under this lease agreement the landlords pay
for water, garbage, removal of snow, sanitation, all repairs, etc. Because my family and I and our
church, The Church of Jesus Christ of Latter-day Saints were able to pay
several advance rents, they harassed and bullied us to take over water bill for
the entire unmetered building and I was forced to pay $300.00 in October 2012 and other water bills
without payment receipts. My family and
I did not fear because the landlord, Mr.
Allan Hector told me not to cast doubts in July 2012 when the landlords started their
satanic conducts thus, shutdown hot water in a family with six children and two
adult parents, blocked the door to the utility room and basement and
converted their hot water, heat, etc
into personal use and allow me to pay
the bills, refused to unblock the sink of the bathroom and allowed us to
do hard labor of removing dirty water after bath from the bath to the toilet to
enable next family members take turn to bath,
refused to fix stove and allow us
to travel to distance place to cook some meals, etc.etc. etc. (EXHIBITS
G,H, )
34.d. This defense entitles my family and I to recovery of all rents paid and possession
and continuation of payment of rent if all the defects cited by the Boston
Inspectional Services are fixed to the extent even if the claim is presented as
an originating claim or counterclaim, it
also entitles my family and I to one to
three times the rent or their actual damages whichever is greater and deems
appropriate.
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.
35. The landlords, NSTAR, National Grid and
Boston water Commission did the following:
35.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:
35.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.
35.c. The landlord refused to make the Plaintiff’s
apartment habitable and the worst retaliation is the disconnection of the heat
and hot water, punitively to make habitation more and more toxic because
several months when the stove was not working we were using small camping gas
operated to boil hot water to enable their children and parents to bath and set
out to school. Defendants, NSTAR, National Grid and Boston Water Commission
knew about the hardship we have been facing and failed and neglected to advise
the landlord.
35.d. From time to time, several children and
adults were sick because of use of icy cold water, molded apartment, lack of
heat, etc.
35.e. During initial payment for move in, the
landlords told my family and I that they
will put door to block the people in the dining room and living room from
seeing someone in the bedroom. They also promised to put keys and locks on the
bedroom to adjacent door which Washroom because each time visitors want to open
the washroom door they open bedroom which has no locks or key. The same breach
of privacy occur on the second bedroom which is also adjacent to the washroom
also without locks or keys.
35.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
our apartment.
M.G.L.
239 section 8A; c. 186 section 14 and c.93A
35. The
landlords, national grid, NSTAR, and Boston Water Commission did the following:
35.a. July 2012 – present, Landlords and the Boston
Water Commission conspired together to disconnect 100% of all the hot water
taps and allowed my family and I to
suffer for over 10 months we continued
to suffer without heat, hot water and lived in pains by using icy and bitter
cold water without humane sense of direction that this action is in breach of
the United States Constitution and Bill of Rights. Confidentially, the
landlords told me that soon as we moved into the disputed apartment Boston
Water Commission over billed the water consumption by 1000% above the previous
bill to cause brawl or conflict between blacks and because the Plaintiff, Dr. Phillip
C. Ofume is well known international expert in Anti-Racism, the landlord gave
Dr. Ofume several pages of the commission’s falsified and racist bill and after
research and investigation thus, swiftly Plaintiff filed complaint against
Boston Water Commission and others with the Hon. Commission of Energy.
35.b. National grid,
NSTAR, and landlords operated under
secrecy to the extent of blatantly refused to response to question as to reason
why they have drawn the winter fuel account of our account when hot water has
not been working since July 2012.
35.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 us over $400.00/mo as if we are operating a
manufacturing company when one /two bulbs and one refrigerator are working with
electric supply.
D. CONCLUSION/RELIEF
WHEREFORE, my family and I pray this Honorable Court to grant the
following relief:
36. In consolidating this claim with Ofume V. Hector et als Docket
No. 13H84CV000264 to avoid duplication, thus on all the foregoing claims, award
us double of the rent or the foregoing claim entitles defendants, to one to
three times the rent or their actual damages whichever is greater and deems
appropriate by this Court .
37. On all claims aforementioned, award my
family and I money damages, costs and
such other relief this Honourable Court deems appropriate and stop the
landlords from retaliation by use of police to evict us by taking
unconstitutional path to assert contra
attack in nature unwarranted possession of the disputed apartment.
38. Order the landlord to make all repairs to
the defective conditions in our family’s
apartment.
39. Find that my family and I not at fault by being forced by the threat of
the Landlords to pay several months double
advance rents because of fear of
homelessness and school and safety of the children and family in general.
40. Refund to my family and I all the rent paid to the landlords: June 2012
through the final determination of this case.
41. Because of the jurisdictional limitation of
this Court to award monetary damage, Plaintiff and his family request partial
punitive general damage of $7,200.00 for
the hardship we suffered and allow us to
proceed to the Superior Court to file additional Complaint with claim estimated
to about $5million.
42. Refund all our over-payment in rent and
utilities now through June 2014.
43. On all claims and defenses, award me and my
family possession of our apartment because the major portion of the molds were
removed on May 15, 2013..
44. On all claims and defenses, award me money
damages, costs and such other relief as is just and proper.
45. Order the landlord to make other appropriate
repairs to the defective conditions in my home such as doors, windows, remove
the remaining mold, connect heat, stop using our heat and dump us in bitter
cold, fix the central and front door and back windows, put locks on the
washroom and bedrooms, etc..
46. Find that my family and I not at fault.
47. In the entire EXHIBIT A which is eviction
court summons, the landlord did not prove that I did claim or prove that I did
anything to justify an eviction, therefore the court should award me possession
of my apartment and dismiss Plaintiff's Complaint with prejudice at this point.
48. Landlord to pay me all my claims stated above
including maximum legal costs this Court deems just.
49. If the court awards possession to the
landlord, I will file appeal and TRO including Motion for stay pending
determination of my appeal.
50. Other relief this court deems fit.
F. REQUEST FOR A JURY TRIAL
Pursuant to Part 1, Article XV of the
Declaration of Rights and M. G.L. 218 section 19B, I claim my right to a jury
trial.
G. VERIFICATION
I, Dr. Phillip Ofume, respectfully verified,
signed and submitted the foregoing documents under the pains and penalties of
perjury this 16th day of May 2013,
__________________
Phillip C. Ofume, Ph.D.
41 Gallivan Boulevard 1st Floor
Dorchester,
MA 02124
P.
O. Box 2416
Lynn,
MA 01903
Tel.
617-606-1753 & 857-258-3987
CERTIFICATE OF SERVICE
I, Dr. Phillip Ofume certify that a true copy of
the 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 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
One NSTAR Way
Westwood, MA 020
__________________
Dr. Phillip Ofume
.
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