Court Case Record ZULEMY RIVERA vs. BOSTON HOUSING AUTHORITY 2012-J-0250 UID(ec09)


Court Case Number: 2012-J-0250

Case Number2012-J-0250
Case TypeCivil
StateMassachusetts, MA
CountyBoston Housing
CourtBoston Housing Court
Court Address
Field Date07/10/2012
Close Date11/16/2012


Zulemy RiveraPro Se Plaintiff/Petitioner
Zulemy RiveraDefendant/Petitioner
Bridgette Kelly, EsquireBoston Housing AuthorityDefendant/Respondent
Entry Date Paper Entry Text
07/10/2012 #1 Motion to waive entry fee, filed by Zulemy Rivera, is allowed.
07/10/2012 #2 Motion for stay under M.R.A.P. 6(a) with attachments, filed by Zulemy Rivera.^
07/11/2012 #3 ORDER: It is hereby ordered that the eviction scheduled for Friday, July 13, 2012 is stayed until further order of this Court or a Single Justice thereof. A hearing is scheduled on this matter for Thursday, July 26, 2012 at 11:00 a.m. in Courtroom 4. (Carhart, J.) *Notice/Attest.
07/11/2012 #4 Telephone and letter notice to counsel/party for hearing before Carhart, J. on July 26, 2012 @11:00 a.m., Court Room 4.
07/11/2012 #5 Copy of "Agreement for Judgment" & "Order", received from Boston Housing Authority. (by fax)
07/26/2012 #5.1 Hearing held.
07/26/2012 #5.2 Appearance of Attorney Zulemy Rivera, Pro Se Plaintiff/Petitioner.
07/26/2012 #6 Appearance of Attorney Bridgette Kelly for Boston Housing Authority.
07/27/2012 ORDER: This matter was heard on July 26th, 2012. At the hearing, the petitioner asserted that she was up to date on her rental payments. This assertion was not disputed by counsel for the Boston Housing Authority (BHA). It appears that the reason for the BHA going forward with the eviction process is that the petitioner was late in paying her rent in the month of June. I do not find that the Housing Court judge abused her discretion in this matter. Indeed, the judge, in her order of February 29th, 2012 was reluctant to evict the petitioner for an arrearage of twenty-six dollars. At the hearing on July 26th, the BHA alleged that the petitioner had previously defaulted at a hearing in the Housing Court. The petitioner argued that she never received notice of said hearing. In light of this factual dispute, and in the interests of justice, I am remanding this case to the Housing Court to determine whether the petitioner has cured her breach of the agreement by making all payments of rent due the BHA. As petitioner's rent is next due on August 5, 2012, a status report is due from each of the parties on August 9, 2012 as to whether the petitioner timely paid the rent due and is otherwise compliant with the agreement for judgment, and as to any further decision by the Housing Court in this matter following remand. The matter remains stayed in this court until further order of this court or a single justice thereof. (Carhart, J.) *Notice/Attest/Winik, J.
08/13/2012 Memo: Order sent to Zulemy Rivera on July 27, 2012 returned as Insufficient address, unable to forward. Resent to address 81 Orton Marotta Way Apt 1013 S. Boston, MA 02127.
11/16/2012 RE#2: As several months have passed, and a status report has not been filed by either party as required by this court's 7/27/12 action, the matter is hereby closed (Carhart, J.). Notice/attest/ Winik, J.
11/28/2012 Memo: Notice RE#2 sent to Zulemy Rivera at 40 West Seventh Street, #10B, S. Boston returned as "not deliverable as addressed - unable to forward."