Cases for tenants of partially collapsed Mill St. building upheld by Housing Court

WORCESTER — A state Housing Court judge vacated all motions to dismiss cases submitted by an attorney for the owner of a partially collapsed Mill Street apartment.

Tenants now have until Nov. 15 to have their legal representation submit counterclaims. 

During a Wednesday appearance, Walter Jacobs, an attorney for Franklin-based property owners Fren Management Co. Inc., argued that he was within his right to dismiss cases he filed against all 32 of the households in Pond View Apartment Homes at 267 Mill St. as the defendants did not file counterclaims within 20 days.

Jacobs said the sole purpose of the initial claim was not to sue every tenant, but was the court's instruction in order to get the tenants in front of a court to resolve the matter of retrieval of personal belongings after the July 15 partial collapse of the apartment building.  

Attorneys Craig Ornell and Tom Vukmirovits, who represent over 20 of the 32 units, said that keeping the cases open would reduce the burden and expenses on the tenants of filing new claims. They said the agreements reached between Fren Management and the tenants preserve the tenants’ rights to file counterclaims. 

"The point that (Jacobs) is missing is he invited people to the dance," Ornell said. "And now he's said, 'I don't want to listen to that song anymore.'" 

Vukmirovitz said that organizing counterclaims with the tenants has been difficult as many were in the middle of finding more permanent housing and organizing storage. 

Judge Diana H. Horan said dismissing the cases would contradict the agreements filed with the court. 

Horan also took exception with closing the cases because the agreements of securing storage and housing for the tenants has not been met for every tenant. Ornell said that one tenant lost access to his belongings because a payment from the property owners had not come to the storage company. 

Some tenants remain at hotel

While most of the 110 tenants have secured housing, about a half-dozen tenants remain at a hotel which several have confirmed to be the Holiday Inn on Summer Street. 

Funding for the remaining tenants' stay from the city ended Oct. 1. An agreement was reached for Fren Management's insurance to cover the costs of the remaining tenants to stay at the hotel for an indeterminate period, Ornell said.  

Horan ordered a timeline of Nov. 15 for tenants to file counterclaims or for the tenants to file a satisfaction form in their case and have the case dismissed. A status hearing is set for Nov. 18. 

Vukmirovitz and Ornell also withdrew a motion to consolidate the tenants' cases Wednesday after Horan advised them that the court would not support the consolidation as different tenants may want to file different claims. 

Vukmirovitz later said that the attorneys wanted to consolidate the claims to make it simpler to make filings, and it could be possible for a smaller group of tenants with similar cases to consolidate at a later date.          

The attorneys for the tenants were happy that the cases remained open and said it will save their clients time in a matter that has already gone for three months. They said all of the tenants they represent have expressed a desire to file counterclaims.   

"We don't have to waste another couple of months," Vukmirovitz said.

Community Legal Aid also represents a few of the households.