By Journal Staff
A resolution to the long-running saga for the beleaguered 41 tenants of the condemned Water’s Edge high-rise apartment building at 364 Ocean Ave. appears to have been achieved after a lengthy hearing before Judge Irene Bagdoian that was held Friday afternoon in the Eastern Housing Court in Boston.
A clearly-frustrated Bagdoian directed the parties’ attorneys, Andrew Burger for the plaintiff-tenants and David Frye for defendant Water’s Edge, to work out an agreement between themselves — or face the prospect of a court order that neither might like.
After more than three hours of negotiations in the corridors of the courthouse, the parties agreed to a schedule for the tenants to vacate 364 Ocean Ave. beginning on September 17, with a few of the tenants moving into hotels at the landlord’s expense and the vast majority moving into vacant apartments in a Water’s Edge property at 388 Ocean Ave. The tenants will make the switch on a schedule of four units per day from September 17 through September 26.
In addition, Judge Bagdoian hand-wrote an addendum to her order that directs the city to adhere to the scheduled relocation of the residents.
The portion of the judge’s order that pertains to city officials is as follows: “Order of this court: In addition to the provisions set forth above, the court orders the defendant City of Revere to take no action to impede or interfere with this agreement which, upon signature of this judge, becomes an order of this court. All parties shall be prepared to implement all phases of this agreement regardless of this court’s decision after hearing on September 16.”
The judge’s order provides a large measure of relief for the tenants, for whom an Order of Condemnation for 364 Ocean Ave. that was issued by the Revere Board of Health two weeks ago has been hanging over their heads like the proverbial Sword of Damocles.
The Board of Health voted 3-0 after an emotion-filled hearing to issue the order at the behest of city officials, who testified that the 13-story building posed a safety hazard primarily because of what the officials asserted were an inoperable fire alarm system, corroded sprinkler heads, and a malfunctioning water pump system that would have delivered water no higher than the sixth floor.
However, the Board of Health members themselves — who conceded that they did not know how enforcement of the condemnation order would proceed — were unable to provide the tenants with assurances that they would not be facing immediate eviction pursuant to the condemnation order.
Mayor Patrick M. Keefe Jr. issued a statement last week after the Board of Health hearing that gave the tenants cause for hope that they would not be summarily evicted from their homes.
The mayor’s statement was as follows:
“The Board of Health took necessary action in condemning 364 Ocean Avenue, and I am grateful for the careful consideration they have given to this matter. After two years of attempts to work with this property owner to make the necessary improvements and ensure the safety of this building, it has become very clear that they have no intention to do so. Enough is enough.
“The City of Revere will not allow negligent property owners to put the health and safety of Revere residents at risk. Waters Edge Limited Partnership has created an unimaginably difficult situation for their tenants, and displayed a total disregard for their wellbeing and dignity. In the absence of any cooperation from these property owners, the City will continue to work directly with residents to support them in finding safe housing.
“The residents of 364 Ocean Avenue have asked for a thoughtful approach to this condemnation, and we will do just that, allowing for the proper time to support careful relocation. We will not turn our backs on these residents. Our team and advocates have been on the ground for the past month, working to provide the necessary assistance and resources to those affected.
“The City of Revere will continue to staff the building with 24-hour fire personnel, regardless of the owner’s unwillingness to cooperate with and pay for this City resource, as obligated under the law.”
Judge Bagdoian’s order essentially reinforces Mayor Keefe’s statement of support for the tenants and enjoins city officials from taking any steps to remove the tenants.
Another provision of the judge’s order requires Water’s Edge to hire security personnel to perform the 24/7 fire watch duties that Revere firefighters have been performing since November of 2022.
All of the parties will return to court this Monday, September 16, at 2:00 to update the judge on the relocation process. In addition, the judge is expected to render a decision on the underlying lawsuit that was brought by the tenants against the landlord, as well as to rule on the propriety of the condemnation order.
In theory, if Judge Bagdoian either were to rule the condemnation order to be invalid or, if she upholds it, to issue a stay pending appeal, the status quo would prevail, with the tenants remaining at 364 Ocean Ave. indefinitely.
