Landlord Takes Tenants In Worcester Apartment Collapse To Court Over Belongings

WORCESTER, MA — The owner of a Worcester apartment building that partially collapsed earlier this month took dozens of tenants to court on Monday seeking a way to remove their possessions from the building to make way for repairs.

More than 100 people had to evacuate the 267 Mill St. building on July 15 after the roof caved in, punching a hole in the building from the fourth floor to the basement. The collapse was likely caused by construction materials placed in one small area on the roof, according to court records.

No one was injured in the incident, but the collapse left every resident homeless, with many now sheltering temporarily at a Worcester hotel. Meanwhile, their possessions are stuck in the damaged building, which Worcester officials ordered condemned on July 18.

On Friday, the company that owns the building, Franklin-based 267 Mill Street LLC, sent about 30 tenants summonses to appear in court on Monday over the removal of possessions.

At Monday's hearing, Walter Jacobs, an attorney representing the apartment building owner, asked a judge to issue an order granting tenants permission to go inside the building to move their possessions out. He also asked for permission to allow the owner to go into the units directly affected by the collapse to move items out and throw away anything unsalvageable.

Jacobs said Worcester building officials stopped allowing access to the building on Saturday over concerns about safety. A forthcoming engineering report paid for by the landlord will show that the building is safe to enter, Jacobs said, but Worcester officials have yet to see it.

Housing Court Judge Diana Horan told Jacobs she couldn't issue any orders without the input of city officials. Jacobs said he had not sent a subpoena to anyone from Worcester's building department, so no one from the city was at Monday's hearing — although Jacobs said the city's inspectional services department was aware of the hearing.

A large group of tenants appeared at the hearing hoping to speak about the collapse and response from the landlord. The tenants appeared in court without an attorney.

Jacob Elbirt, a three-year tenant who was in his apartment when the ceiling collapsed a few feet from him, said he hadn't yet heard if the landlord would be paying to move his possessions into storage.

Elbirt said he understands the company needs to move belongings to repair the building, but has been frustrated by a lack of direction.

"If they want that done in a speedy manner, they need to help us with our housing costs," he said.

Elbirt escaped his apartment with his cat, but assumes everything else he owned has been destroyed.

Jacobs said during the hearing that the hole in the roof has been sealed, but was open to the elements — including rain — for several days. Many apartments not directly impacted by the collapse have since seen water damage, he said.

Other tenants say the landlord has already begun handling their possessions without permission.

Former resident Ivory Filmore went to the building on Saturday and saw that construction workers had ripped up carpets in hallways, stairwells and some apartments. She took a video of the building showing doors to apartments wide open, carpet nails sticking out of the floor and cracks in concrete floors. Filmore said refrigerators have already been emptied in some units, which means residents lost dishes used to store food.

Filmore said she had heard after the collapse that tenants might get a $750 insurance payment to help with moving costs. State law does provide for that payment, but the state Office of Consumer Affairs and Business Regulation confirmed Friday that it only applies to renters whose apartments were damaged as the result of a fire. The United Way of Central Massachusetts has set up a special fund to help the former Mill Street tenants, and the state Housing and Community Development department has stepped in to assist with temporary shelter.

Tenant William Mensah, whose apartment is on the opposite side of the building from where the collapse happened, went to his former home over the weekend and found his window open and temporary utility lines running through it. He also found his possessions, including a TV and couch, soaked by water. He suspects the open window was to blame, and was angry the landlord would begin work before he was able to retrieve his belongings.

"You're not supposed to do that," he said.

After Monday's hearing, neither property manager Michelle Fren nor Jacobs would answer questions about the status of tenant possessions, including about whether the company was planning to pay for moving and storage costs for the belongings left inside the building.

The 267 Mill St. tenants may get more clarity on what will happen next later this week. Horan continued all the hearings over removing possessions until Wednesday afternoon.