Homeowner Moves, Developer Doesn't

Denise Mitsuma moved all of the personal belongings she could save out of her mold-filled home at 19 Walker Farm Lane last Friday afternoon.

The mold sprouted after the basement of her new Barrington home off of County Road near Hundred Acre Cove filled with a foot of water several weeks after she moved into it late last fall.

On Tuesday night, Steve Martin, chairman of the Barrington Housing Board of Trustees, filled in the committee on the circumstances with her home in the affordable housing development and Barrington’s effort to get her money back from the developer – Mitsuma’s desire.

It appears that she will have to wait at least a few more weeks for the developer, West Elmwood Housing Development Corporation, to respond to a recommendation made by Town Manager Peter DeAngelis Jr. at a sit-down in Town Hall on March 6. Another meeting has been scheduled for April 2.

“Rhode Island Housing has agreed in principle to provide the money to repurchase the house,” said Martin of the proposal made by the town.

Unfortunately, he said, “there are things that West Elmwood has to do to make this happen.”

Like what? Martin was asked by board member Carla DeStefano.

“Fill out the application,” he said.

Mistuma and her 10-year-old daughter have been living with a friend near Fall River for several months. She has been driving back and forth to St. Luke's School each day and back and forth to Pawtucket where she works. ServPro trucks emptied her house last Friday and put her things into storage, she said.

Mitsuma declined to speak any further last week about her months-long battle with West Elmwood under orders from her attorney, Greg Carrera of Barrington. But in the Patch story that ran on March 8, she said she has tried at least two times to get a refund from West Elmwood.

“No response,” she said.

She was getting nowhere until early February when she contacted Martin and, subsequently, DeAngelis. They sat down with West Elmwood officials to try to reach a settlement two weeks ago.

“I think we all realize she doesn’t want to be in that house,” said Jared Rhodes, deputy director of West Elmwood. “I think the best thing to do is to get her out of that house.”

So far, though, his statement appears to be little more than lip service to Mitsuma.

West Elmwood must apply for the money from RI Housing “because it does not have the capital,” Martin said. “The house has to be repurchased.”

Mitsuma and her attorney are seeking a refund of her $42,000 down payment, $6,500 in closing costs, and approximately $24,000 in damages for lost goods and other expenses she has incurred while living elsewhere.

“West Elmwood must also make the house marketable again,” Martin said.

In developing property, he said, there are always risks. The 150-year rainstorm that caused the flooding last fall became one of them.

“I’ve reviewed the civil engineering,” Martin said. “Everything looks like it was done okay. Nobody is at fault. We may never see a rainstorm like that again.”

But state law says a buyer of a new home “has a right to expect habitability,” he said. “This house is not habitable.”

DeStefano said: “She should have been out of there a couple of months ago.”

The rest of the board agreed that it is West Elmwood’s problem -- a problem not handled well. They need to move forward and then get the development completed, the board agreed.

At the same time, the board agreed, Barrington has a reputation to protect and must do the right thing for a town resident.

“We’re working through this,” said Martin. “But West Elmwood is going to have to step up.”