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CRT Decision | Faye | 15-BCV-2

David S. Faye, Esq.

Resident present: Yes

Counsel Present for Resident: No Representation

Vendor: Bay Cove Human Services

Counsel Present for Vendor: Redacted

Hearing Officer: David S. Faye, Esq.

The resident had entered the occupancy agreement with Bay Cove in 2014. As a client of Bay Cove, the resident pays no occupancy fee or rent for the unit under the agreement and the program provides all the appliances and utilities pursuant to the terms of the agreement. In result, the resident has violated paragraphs 7, 7b, 7d, 7e, and 8. The resident violated paragraph 7 when he failed to abide by certain license conditions. He acknowledged each condition to be an essential provision to the written agreement. The resident violated paragraph 7b when he acted in a way that impaired emotional or physical well-being towards other residents, staff, or neighbors on the premises. Paragraph 7d was violated on the occupancy agreement because he didn’t cooperate fully with, and undertake all efforts and tasks required by, the Licensor or property owner.

Paragraph 7e was also a violation of the agreement. Paragraphs 8 and 9 in the occupancy agreement allowed Bay Cove to terminate the resident’s occupancy agreement for serious or repeated violations of the terms and conditions. During 2014, the petitioners received multiple complaints about the resident from the property management. The resident had refused to fully make changes in the residence before the re-inspection, leaving the residence still unsafe. In 2015, the resident received an eviction notice by certified and first class mail which informed him the reasons for eviction. The notice stated that, since taking up the residency in the premises, the resident refused to cooperate with efforts by Bay Cove staff seeking to work with him to prevent other situations from occurring. The evidence of the violations as described in this decision is substantial and meets the requirements for an eviction under the community residence tenancy law. The proposed eviction is confirmed.


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