Thursday, July 16, 2009

Negligent Security and Premises Liability

A person may have a claim against a landowner or property manager if they sustained an injury due to the failure of the landowner or property manager to protect the injured person from foreseeable crimes on or near the property. It is important to seek legal counsel qualified to handle the specific type of investigation needed to establish that the landowner or property manager knew, or should have known, that such an event was foreseeable. Victims can sustain injury from assault, battery, robbery, rape or any number of other crimes committed by individuals that exploit the insufficient security or lighting of the premises. Negligent security cases may be brought against hotels, shopping centers, malls, schools, housing complexes, office buildings or nightclubs. Most personal injury attorneys won't charge unless they win the case.

Premises Liability is a general term that includes claims for injuries or death resulting from dangerous conditions that existed or activities that happened at a particular location. For instance, premises liability cases can arise from a trip and fall, dangerous conditions that are not readily apparent on a sidewalk or in a pool; injuries caused by insufficient lighting, negligently designed stairways or handrails; or negligent security at a particular location. If corporate partnerships at Rockland Place were made to keep their promises to install security cameras in common areas and hallways, management could be better informed as to which children are playing with fire in their hallways, etc.! Maybe they don't want to know. Obviously, when wasting their government grants and monies, safety for residents is NOT one of their priorities.

Premises liability cases can be complicated because many different entities may own, lease, maintain or control the premises. Additionally, there can be different policies of insurance that may cover the incident. It is important to obtain legal advice and promptly investigate the claim and secure evidence early on because if the dangerous condition is fixed, you may forever lose the evidence that you need to prove your case. As a general rule, property owners are responsible for injuries which occur as a result of dangerous conditions on their property, which the owner knew about, or should have known about and failed to warn others about. Renting to drug-induced alcoholics who habitually party around darkened parking lots is just one example of deliberate negligence, especially when conditions aid and abet criminal activity on a nuisance subsidized property. It really is amazing what some corporate landlords get away with.

Wednesday, July 8, 2009

Quantity vs. Quality




President Obama’s FY 2010 budget contains proposals to preserve and increase the amount of affordable housing available. This budget increases the utilization of tax monies to fund poorly-run HUD programs such as Project-Based Rental Assistance where good tenants become silenced or victimized by unethical property managers over and over again. Should the tenant move to escape victimization, the Rental Assistance ends; it stays with the project. So who does this type of assistance really help?

Project-based rental assistance programs are more likely to benefit corporate partners who contribute to political campaigns. Because HUD and housing authorities are negligent in enforcing rules and regulations, too many multi-family housing complexes have a prison-like atmosphere. As it stands, tax dollars will continue to preserve crime and violence for more substandard subsidized housing.

Rockland Place in July 2009

Tuesday afternoon - July 7, 2009: Vehicle struck minor by 92 Martha Drive and attempted to leave scene of accident. Victim taken to hospital by ambulance.

Wednesday, July 8, 2009, 8:45pm - Large group of kids in parking lot, by 51 Hannah Way, playing with fire near woods. Police called.

Wednesday, June 24, 2009

Name Games - Conflicts of Interest

Name changes for organizations, partnerships, and corporations mislead consumers and the general public. A business name change does not correct patterns of unethical or illegal conduct. It can, however, protect abusive individuals in powerful positions. (See links of interests in left-hand column, below.)

For example, Rockland Place Apartments added a name change of Spring Gate. More partners were brought in and more government funds were had. Of course, this was all in the guise of helping low-income residents, who grew even more distressed with poorly planned, unnecessary, and shoddy renovations. This 204-unit HUD subsidized housing complex still has the same legal firm, deceptive business practices, property manager, maintenance, breaches, etc. as the previous name(s) used. So, what was really resolved here?

Some recent stories about Acorn, remind me of some of the deceptive business practices of Rockland Place dba Spring Gate.... (Or maybe I should say Cornerstone Corp. dba First Hartford Realty Corp.)? For crying aloud, it's like a mild case of PTSD dba ADHD!

After numerous fraud allegations, Acorn, or more formally, Association of Community Organizations for Reform Now, changed their name to Community Organizations International. Because of questionable business practices, their name may have been tarnished some. Other than a name change, will their methods of doing business remain?

Acorn and Rockland Place are not the same organization, but have much in common:
a. Many of the same individuals remain in powerful positions after business name changes.
b. Both receive government funds, including millions in grants from H.U.D.
c. Both are accused of illegal conduct.
d. Both are politically involved and connected.
e. Both are non-profit and claim to help those in poverty.
f. Both are accused of attempting to silence and intimidate critics.
*Newsmax - Acorn Investigations
**bridgetdgms - acorn drops tarnished name
***Washington Examiner - ACORN, Threat
****Rotten Acorn - by the EPI

Monday, June 22, 2009

Warning... Lug Nuts on the Loose!

June 18, 2009, an important notice was taped on entry doors in front of each building at Rockland Place/Spring Gate Apts., Rockland, Mass. .... "It has been brought to our attention that LUG NUTS have been missing off of vehicles in the Spring Gate parking lot. For your safety, please check your vehicle before driving. Sorry for any inconvenience. If anyone notices anything suspicious, please contact the office."

This notice would not be necessary if corporate landlords kept their promises to install security cameras on their subsidized, nuisance property. Residents can now feel warm and fuzzy inside knowing management is sorry for a possible life and death situation.

Saturday, June 6, 2009

Who's Responsible?

[Code of Federal Regulations]
[Title 24, Volume 4, Parts 700 to 1699] [Revised as of April 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR982.307] [Page 587]

CHAPTER IX--PART 982 -- Subpart G--Leasing a Unit - Sec. 982.307 Tenant screening.
(3) The owner is responsible for screening of families on the basis of their tenancy histories. An owner may consider a family's background with respect to such factors as:
(i) Payment of rent and utility bills;
(ii) Caring for a unit and premises;
(iii) Respecting the rights of other residents to the peaceful
enjoyment of their housing;
(iv) Drug-related criminal activity or other criminal activity that
is a threat to the health, safety or property of others; and
(v) Compliance with other essential conditions of tenancy.
*******************
By Mikaela Slaney, Wed Jun 24, 2009, 12:17 PM EDT
What began as an operating-under-the-influence arrest on Hannah Way spilled into a behind-the-scenes struggle at the Rockland police station.`On June 16, John Verrier, 19, of 45 Hannah Way, Rockland, was charged with operating a vehicle under the influence of alcohol and operating with a suspended license, a marked lanes violation, disorderly behavior, malicious damage of property (a watch) and speeding. The passengers, two teen girls from Pembroke and Whitman and one male, 20, of Rockland, were also taken into the Rockland police station under protective custody when police deemed them too drunk and disoriented to care for themselves. (See entire story in wickedlocal.com)

Thursday, June 4, 2009

Another Spring Gate Special ...

Rockland man charged with Wal-Mart theft
Wed Jun 03, 2009, 10:34 AM EDT
ABINGTON - A Rockland man is accused of trying to steal $250 worth of goods from the Wal-Mart store on Brockton Avenue (Rte 123).
Ruben Gonzalez, 30, of 100 Martha Drive was arrested Saturday morning at the store. Gonzalez was charged with two counts of larceny over $250 and one count of threatening to commit murder. When a clerk tried to stop him as he was running out of the store, the man claimed to have a gun and said he would shoot the clerk if anyone tried to stop him, Police Chief David Majenski said. Gonzalez pleaded innocent on Monday in Brockton District Court. Bail was set at $500 and was posted. A pretrial hearing is set for June 23.
(Note other 'Spring Gate Specials' posted in May 2009.)