BOSTON HOUSING
COURT, USA: MONEY LAUNDRY TO CONDUCT SWIFT EVICTION OF NIGERIAN OPPOSITION
PRESIDENTIAL CANDIDATE 2015 UNDER APC & IMUN
Chicago USA, June 3, 2013
1. Boston Housing Court is not
constitutional court of justice but marketplace where landlords bring innocent
tenants which are predominantly non-white and those (non-whites) who are
educated earn the worst injustice in course of their summary process
proceedings to destabilize their families and professional careers.
2. With the support of the Judges, Clerks and
Housing specialist of the Boston Housing Court and Sheriff, the landlords did not follow the
preliminary administrative rule which is service of a 14-day notice to quit on
the tenant or Dr. Ofume before going to this court to file eviction complaint. Dr.
Ofume raised this lack of exhausting this initial remedy before filing eviction
complaint but Judge Marylou Muirhead who is energized by external forces to evict Dr. Ofume overruled Dr. Ofume’s 17-page
opposition, answer and counterclaim to the wealthy landlord’s Eviction Complaint.
3. Based on the yearly lease signed between
the landlords and Dr. Ofume , the landlords
compelled the Ofumes to pay double rent each month and the rent amount which
the landlords are owing Dr. Ofume extends to June 2014. Each time the landlords use threat of eviction
to force Dr. Ofume and his family to pay over 12 months advance rent and
because of the school of the kids and school disruption via eviction and
homelessness since August 2009, Dr.
Ofume continued to pay advance rents.
4. During the cross examination the landlord
agreed that she signed the lease and the
monthly rent is $400.00 for two inhabitable rooms which are invaded by lead and
chronic dampen molds (see the reports of Board of Health and Department of
health and human Service) but the landlords claimed that the tenants deceived
them to sign the lease. Also on the
force on Dr. Ofume and his family to pay over 12 months advance rents, the landlords told Judge Muirhead
that Dr. Ofume deceived them to receive over $10,000.00 of different checks and cash of advance rent to enable him file lawsuit
against them. Judge Muirhead
blocked or overrule several cross
examination questions such as,
a. Did you tell this Court that Dr. Ofume deceived
you to receive heavy amount of money in one bank check to cover future rents
and utilities? The landlord answer “Yes”
but said you pay your utility but failed to tell the court why she accepted
utility money without paying it to utility companies (Boston Water Commission,
National Grid and NSTAR).
b. Did you receive more than one check with
heavy amount of money to cover future rents? – Landlord answered, “Yes”
c. Are you an adult and educated and you can
read and write English - The landlord answered “Yes”
d. Are you suffering any disabilities that will impair your
reasoning faculty? The landlord answered
“No”
e. How many months are between one large check and the other? The landlord answered “several
months”
f. If you suffer no disabilities, why is that you continue to
receive further large check for future rent without remembering that Dr. Ofume
deceived you in past? For no reason
Judge Muirhead overruled this important question to help the landlords win.
5. The reports issued by the Boston Public Health Commission (4/29/2013),
City of Boston Inspectional Services Department (ISD), Emergency Inspection which declared the apartment not habitable were not accepted and entered
into evidence by Judge Muirhead to help the landlord win and facilitate the
plot to render Dr. Ofume and his family homeless.
6. Dr. Ofume requested the landlords by soft
notices to refund the over payment but the landlords with the power bestowed on
them by money mongers or Dr. Ofume’s political opponents, the landlords boasted
that they prefer to give the over-payment to the court officials or beggars
than give the money to Dr. Ofume and his
family.
7. On May 30, 2013 there were 150 cases which
different landlords brought against tenants. The initial roll call to know
present and absent parties stayed for over two hours and each parties were
asked whether they would try mediation or they would prefer to appear before the
Judge to give them directions. Dr. Ofume’s
Complaint and the landlords’ eviction complaint,
Dr. Ofume has selected JURY TRIAL but Judge Muirhead did not allow Dr. Ofume to
talk about anything and each time Dr. Ofume wants to speak, Judge Muirhead will
overrule him.
8. Some of these 150 cases were recommended to
go the housing specialist, trial before single and jury trial. Dr. Ofume’s eviction case was not provided with any option
and it was forced to stay in the courtroom to wait for any judge. After about one hour wait in the courtroom
#15, the judge who adjourned Dr. Ofume’s Complaint to May 30, 2013 to enable Dr. Ofume
serve the landlords or their attorney Dr. Ofume’s Complaint which has been served on the
landlords, Boston Water Commission, National Grid, NSTAR but the landlords denied
the service made on them by the Suffolk County Deputy Sheriff. This male Judge requested Dr. Ofume to make
this service by U.S. Certified Mail with
signature return card and Dr. Ofume made the service according to the order of
the male judge.
9. The services made by the Suffolk County
Deputy Sheriff on the Boston Water
Commission, National Grid and NSTAR and proof of services were given by Dr.
Ofume to the Clerk of the Boston Housing Court room #15 who demanded these
original proof of service claiming that the Judge requested him to bring the
proof of service and Dr. Ofume freely gave them to the clerk.
10. After the hearing Dr. Ofume demanded for the
original copies of the proof of service and other court officials told Dr.
Ofume that the Clerk was out of office
and Dr. Ofume waited until the closing time but the clerk did not return to the
courtroom #15.
11. On April 4, 2013 Dr. Ofume filed serious complaint against these
landlords for renting out two inhabitable two bedroom apart with mold and lead
and several other defects reported by
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. (see Dr. Ofume’s Further
Amended Complaint and Dr. Ofume’s opposition to the landlords retaliatory
action of the landlords after Dr. Ofume filed his Complaint)
12. In retaliation the landlords’ eviction case was
filed on May 20, 2013. One of these landlord is police officer and agents of Dr. Ofume’s
political opponents. Police is one of the best friends of the landlords and
courts and this relationship made the judge and the court to ignore all rules
and jumped into trial without administrative option.
13. No case in all the housing court in
Massachusetts should proceed to trial without the preliminary efforts to
mediate the housing dispute between the landlord and tenant. When this
mediation effort fails, the case will be adjourned and parties will appear
before a single judge to review the case and the case may go to single judge or
jury trial.
14. On May 22, 2013 the presiding Judge without
reason consolidated Dr. Ofume’s
Complaint and the landlords’ Eviction case and scheduled them for May
30, 2013.
15. Because the landlords’ eviction case was mentioned for
the first time on May 30, 2013 it was shocking that during the call of the 150
case, the landlords’ eviction case against
Dr. Ofume and his family was the only case
in which the landlord and tenant were not granted the opportunity to try mediation before
the Housing Specialist. This plan is
created to give the case to corrupt judges that will conduct rapid trial to
render Dr. Ofume and his family homeless. Exactly that’s what happened on May
30, 2013.
16. The extent of the bribery and corruption
enjoyed by the Court is that on May 30,
2013 the landlords’ eviction case was mentioned the first time and swiftly
recommended to appear before the Judge and that Dr. Ofume and the landlords
should wait in the courtroom #15 for the Judge. Between 9.00 am and 1.10 pm Dr.
Ofume and the landlords waited and at
1.10pm only the eviction was called and Dr. Ofume’s Complaint was not called and more shocks were
experienced because it was the same Judge
who adjourned Dr. Ofume’s Complaint and the landlords’ eviction case was
assigned. Upon sitting, the Judge
refused to hear the cases (Complaint and Eviction) and the Judge transferred
the cases to a female Judge Marylou Muirhead in courtroom #14 who may have accepted the
package which accompanied these cases and that Dr. Ofume and the landlords
should appear before this woman Judge at 2.00pm (5/30/2013).
17. At 2.00pm Dr. Ofume and the landlords
appears before Judge Maryou Muirhead and the conduct of this Judge was
suspicious and she threw open support for the landlords that have been paying
clerks and housing specialists to remove Dr. Ofume briefs and sheriff’s proof
of services.
18. Dr. Ofume questioned Judge Muirhead on
reason why she allow consolidation of his Complaint and Eviction case which has
not been assigned docket number and that the eviction case was appearing the
first time on May 30, 2013 and the clerk who confisticated Dr. Ofume’s Sheriff’s Proof of Service and who
called the 150 cases in courtroom # 15 did not asked Dr. Ofume and the
landlords whether they will try mediation; that the Judge in courtroom #15
adjourned these cases for review of proof of service and that Dr. Ofume should
repeated all the services on the landlords by certified US. Postal mail with
return signature card and that the card should be brought to him (Judge) on May
30, 2013; etc.
19. After Dr. Ofume said all these things,
Judge Muirhead was angry and she took short break and she came back and said, “I
am going to try the eviction today” and she abandoned Dr. Ofume’s Complaint and
in a haste she requested counsel for the
landlord to start presenting the witnesses and evidence in his eviction case
when the business of the day was not for trial but to schedule trial for Dr.
Ofume’s Complaint and ask the landlords
and Dr. Ofume whether they will try mediation in the eviction case . All these
processes were ignored and Judge Muirhead forced trial of the eviction case to
continue when Dr. Ofume was not prepared with his witnesses and exhibits. During the cross examination majority of the
tactical lawful questions Dr. Ofume asked the landlord were assisted by Judge
Muirhead to enable the landlord provide the answer the Judge prefer to build
her eviction scheme.
20. August 2009 – present this how Dr. Ofume and
family’s 11 political eviction cases were conducted to render them homeless to
disrupt Dr. Ofume’s campaign for the presidents of Nigeria and AAAA (see 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 ; http://www.blogger.com/profile/08744093752636542613;https://groups.google.com/forum/?fromgroups=#!topic/soc.org.nonprofit/z5q7G-Lt76c
Articled/Published
by:
DR. PHILLIP C. OFUME &
ASSOCIATES AND INTERNATIONAL ENDOWMENT FOR DEMOCRACY (EID)
LIMPT,
INC. & IMUN, INC. PROJECT (EDU & WORKFORCE PROJECT, HUMAN RIGHTS,
INSURANCE CORP., LAW REFORM & LITIGATION PROJECT - INTL. CHAPTER); INTL.
COALITION FOR PRO SE/UNSIGNED LAWYERS
& GLOBAL CLASS ACTION PROJECT; INTL.
ENDOWMENT FOR GOOD GOVERNMENT, FOSTER/ADOPTIVE/ ORPHANAGE & CIVIL
LIBERTIES OF THE NUCLEAR AND EXTENDED FAMILIES
c/o Dr. Phillip C. Ofume (USA)
41 Gallivan Boulevard
Dorcherster, MA 02124
Mailing Address:
P.
O. Box 2416
Lynn, MA 01903
Tel. 617-606-1753/
_____________________________________________________________________.
_____________________________________________________________________________
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.
Entry Date: May 20, 2013
___________________________________________________________________________________
Cynthia Hector and Allan
Hector
Plaintiff
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. Written Order
of this Court on the landlords to stop the landlords from issuing negative
references on us, other landlords, and real estate agents. These landlords see
my family and I as gold to get advanced large rents to enjoy cruise and
beautiful long vacation oversea. In addition to this enjoyment, under the
assigned homelessness program to disrupt my campaign for the Presidents of
Nigeria and AAAA, they set up network to block all our effort to search and
find alternative apartment because they
continued to give us negative references. In the matter, Ofume v. RST Investment Group et als , etc –
Mass Supreme Judicial Court (2012), the judicial boldness of The Honourable
Justice Wilber P. Edwards led to a 15-paragraph Summary Judgment Agreement with
major paragraph ordering the Mr. Troy Lewis , RST Investment Group et als not
to issue malicious negative references on us and intended landlords but they
breached this agreement and also on June 12, 2012 RST and Troy Lewis entered
into the office of the DHCD to disrupt our application for Emergency Shelter
Assistance which was granted us prior to June 12, 2012. Under white to white
punitive alliance, DHCD heeded their unfounded allegation with unsigned, and
unsworn paper presented by Mr. Troy Lewis to DHCD to render us homeless. Prior
to June 12, 2012 DHCD had granted our application and requested us to move our
properties to its office on June 12, 2012 for placement into a temporary
shelter at 8.30 a.m. On June 12, 2012 tactically to render us homeless under
the moneyed action of RST and Troy Lewis , DHCD kept us in its office up to
4-00 pm and thereafter broke the sad news cancelling our housing and at 4.30pm
and DHCD shutdown its office and pushed our family and property into heavy rain
and this hostility brought us into the hands of these cruel demons called man
and woman of god.
51.
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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