WORCESTER — In the most recent legal action to surround the partial roof and building collapse of Pond View Apartments on 267 Mill St., at least 22 counterclaims in state Housing Court have been filed on behalf of the tenants against the property owners.
The countersuits, all submitted by attorneys Stephany N. Alvarez and Tom G. Vukmirovits, all seek money damages for various expenses incurred as a result of the collapse and the termination of their residency.
There are eight counts listed in the suits: interference with quiet enjoyment; breach of implied warranty of habitability; breach of contract; liability for unsafe conditions; negligence; intentional infliction of emotional distress; negligent infliction of emotional distress and violations of Chapter 93A, the protections from unfair and misleading business actions.
The counterclaims allege that Fren Management was aware of the condition of the roof when it acquired the building and failed to repair the roof in a timely fashion.
Vukmirovits said the tenant lawyers filed stipulations to continue the case to early December and are also looking to continue any deadlines for approximately three months.
On July 15, roughly 80 residents of the 32-unit apartment complex were evacuated after an early-morning roofing job apparently led to construction material falling through the roof, weakening the building and forcing the evacuation of residents.
Cause still under investigation
The City of Worcester said insurance companies and independent contractors are investigating the cause of the collapse.
In response to a request from the City Council for a report on emergency response protocol related to the Mill Street collapse, Christopher Spencer, commissioner of the city’s Inspectional Services Department, submitted a written communication dated on Nov. 3.
Spencer wrote that penalties or liens are not sought after a fire or partial building collapse unless there are major expenditures.
On the Mill Street incident, Spencer said Fren Management immediately contracted for all required securing of the property, and inspectional services did not expend any funds or require reimbursement.
The tenants were initially brought to Housing Court by Franklin-based property owners Fren Management Co. Inc., in order for the property owners to gain permission for staff and tenants to enter the building to collect their belongings or discard ruined items.
The process took a few weeks at a time when the tenants said they were also working on securing housing and many had to continue to work.
Cases kept open
After the city deemed most of the building safe to enter, Fren Management worked out agreements for residents to collect their belongings in each apartment unit and place them in storage.
On Oct. 6. Housing Court Judge Diana H. Horan vacated an attorney for Fren Management’s motions to dismiss the cases. The attorneys for the tenants wished to keep the cases open in order to make filing counterclaims less burdensome.
Throughout the aftermath of the collapse and the court proceedings. Tenants have been open about their dissatisfaction with how Fren Management was handling them and said they felt rushed to collect their belongings.
They also complained that Fren Management had them go into their apartments in unsafe conditions during the hot summer.
Walter H. Jacobs, an attorney for Fren Management, has said in court that they needed the tenants to collect their belongings in a timely fashion in order to prevent the belongings from suffering water exposure and spreading mold in the building.
The belongings also needed to be moved before engineers could come in to address structurally deficient walls and begin work on restoring the building.
Almost all of the tenants have moved out of the hotel where they had an extended temporary lodging, tenants have identified it as the Holiday Inn on Summer Street.