Individual Tenant Publically Targeted by Mgt. After Tenants File Grievance to USDA/RD

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lawsjl

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Management Company (Limited Partnership) in Massachusetts
Complex 'CFV' in New Hampshire
USDA/RD - United States Dept.of Agriculture/Rural Development (section 515)

In September of 2010 several long term tenants of CFV decided to do a non-compliance grievance against management company to USDA/RD the lender. USDA/RD has 16 compliance's that management companies are suppose to adhere to. Some of these are considered Capitol Needs and Preventative Maintenance. Of the 16 there were 15 very legitimate non-compliance's (not nit-picking).

We created a document with some of the issues to include: ignored tenant complaints, on site manager / maintenance personnel and management company issues. This was introduced to all tenants as a 'Tenant Grievance' to try and get the neglected property noticed by USDA/RD. *All* of the tenants individually were given a detailed verbal explanation, time to completely read and received a copy of the grievance if signed. We received over two thirds of the tenants signatures.

Submitted via certified mail the USDA/RD received and replied with an on-site inspection date to view the property and units for complaints and non-compliance. Prior to the inspection the Management Company employees were in the parking lot approaching tenants. They were intimidating, asked if they knew what they had signed and basically bullied them. ~Let me share that in the 16 years I have lived here it was the first time I had ever seen anyone from Management here.~ Mgt. contacted USDA/RD stating that the tenant grievance had been altered after the tenants signed, discrediting the entire document.

We created an addendum stating that the facts were true and that the information contained within was all included when first (original) was signed. We had again got signatures of the tenants, shared another copy of the original grievance along with a copy of the addendum simply stating that what they were signing again was what they had originally signed.

Long story short....mold was a huge issue, leaking roofs, leaking windows, confidentiality issues (site manager / maintenance married)...etc. Three tenants filed with code enforcement about mold and although no visible mold was found, these tenants were sick. One was on oxygen and the others displayed all the symptoms of mold spores being present in their environment. Due to no visible mold nothing could be done. Management was cited by code enforcement for Structural issues due to the many rotted boards visible on the exterior of the buildings.

Hooray we thought, we saw boards being replaced on the one of the buildings where the tenants were sick from the mold. Myself and another of the tenants involved in the creation of the grievance walked over. The work crew replacing boards said they were drenched, deteriorating to the point they could pull them off with their hands and covered in mold! They also stated that the Management Company halted the work, they were to complete what had been removed...no more. The foreman shared with us that the code enforcement officer wanted to be there when they pulled the boards. Management changed the date they were to start knowing code enforcement was on vacation.

We took pictures of the mold on the boards inside the dumpster, called the local newspaper. ALL documents were given to the reporter. Copies of our grievance, the response to it from USDA/RD and from the Management Company. Weeks after in late November the article ran about the tenants fear of mold and our complaints to USDA/RD. I personally stated to the reporter that no one should have to worry about health issues where they live. I was quoted in the article with my name included.

An incident happened where maintenance entered an apartment unauthorized with no work order or notice. The tenant was at work so his vehicle wasn't parked. Unbeknown to maintenance this tenant had company and was caught just walking in with his master key. He actually asked the company who she was..!!! This was indeed reported...nothing was done. It was deemed a misunderstanding. The tenant gave notice and left after the incident. I posted in the common area that Maintenance was caught using his master key entering an apartment unauthorized. I strongly felt the tenants should be aware of this. This happened after the grievance.

Anyway...to date. The article in the news paper generated some more of the siding getting replaced on the building with the issues. Some of the roofs were patched just this past week.

Where is this going??? Last week there was a letter drafted by an attorney and given to the Management Company. The contents of this letter were mailed to selected tenants of the complex, not everyone. It basically stated 'me' by name, being a badly misinformed tenant reported false information to the newspaper about mold and people being sick due to it; the pictures of the mold were printed too. He stated the contractors said the mold found was not toxic (interesting statement). He wanted to assure tenants that there were no mold issues at CFV. The article was attached to the letter as well.

Continuing on he named me as being the facilitator of false accusations about the property and it's condition via petition to tenants also advocating the removal of the Management Company (yes that was part of the tenant grievance). I also posted the unauthorized entry of the unit by maintenance being a malicious allegation.


I was not sent a copy of this letter. None of the tenants that have had issues with the Management Company in the past received one. Legally can I be named and blamed for their negligence because I was one of the originators of the grievance? Should only selected tenants receive this letter (sent out by Management Company)? I really feel that this is just completely unsubstantiated and obviously I was singled out. The article in the newspaper was run on November 29, 2010. This letter was sent on December 29th. Oh...yes it was sent after a Christmas gathering was announced where there was guest speakers. An Environmental Specialist and a Carpenter. There was a total of 3 attendees. Three very sweet retired tenants and that was it. Then the letter was distributed via USPS. I found out about it in conversation with another tenant that stated ' I really took a bashing'. I had no idea until it was introduced to me then.

Can I do anything about this? It sure seems like a horrible thing to do and I can't imagine having no recourse, but I don't know...so here I am asking.

Thanks in advance for any advise that can be shared. *This management company is known for it's avoidance to issues. Has been cited numerous times and has a history of manipulation. They are well known in the areas where they manage complexes.

Thanks again
 
There are....literally....thousands of different strains of mold. Only two have been shown to be linked to health issues in some people. Your posting doesn't indicate your group ever bothered to get the mold adequately tested to see what strains these were. Thus, you have no proof that any of this mold played any role in any illness of the tenants, despite your claims.

When you take a stand on something, you need to expect that you might be singled out. What, exactly are you complaining about? Your own posting states that you instigated at least some of this; posting a story in the common area regarding maintenance entering another tenants (not yours) rental unit with the master key.

What do you believe you have lost here? You might be embarrassed about the letter they sent out but that's the chance you take when you make a stand.

One wonders why you continue to live there for 16 years if the situation is so bad?

Gail
 
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