Smooth Move for 364 Ocean Ave. Tenants to #388

By Journal Staff

The 41 beleaguered tenants of the Water’s Edge high-rise apartment building at 364 Ocean Ave., who three weeks ago appeared destined for homelessness after the Revere Board of Health condemned the building at the urging of city officials primarily because of alleged deficiencies in the building’s fire safety system, have found a new home in another Water’s Edge building at 388 Ocean Ave.

Thanks to forbearance by Mayor Patrick M. Keefe Jr. and city officials on enforcement of the condemnation order, and subsequent negotiations between the tenants’ attorney, Andrew Burger of Andover, and the owners of Water’s Edge (the results of which were incorporated  into a court order by Housing Court Judge Irene Bagdoian), all of the tenants, many of whom are elderly or have young children, have been successfully moved into vacant apartments in a nearby high-rise at 388 Ocean Ave.

Pursuant to Judge Bagdoian’s order, the move-out/move-in period began last week, with approximately four tenants moving each day. The last of the tenants to be moved were scheduled for tomorrow (Thursday).

Nick Daher, the owner and broker of local realty firm Broad Sound Real Estate, has been in charge of the move on behalf of the city, which under the law is responsible for moving the tenants after the issuance of a condemnation order.

“The move has gone about as well as could be expected,” said Daher. “Mayor Keefe and the city have been incredibly helpful and understanding of the tenants’ situation and have gone out of their way to ease their pain as much as possible.

“I also can’t say enough about the tenants themselves,” Daher continued. “As might be expected, this has been a very difficult and stressful situation for them, but they’ve handled it remarkably well and have been extremely cooperative in ensuring that their move has proceeded smoothly and efficiently.”

As a side note to the ongoing legal proceedings involving 364 Ocean Ave., the city and Water’s Edge were in court this past Monday for a hearing before Judge Bagdoian in which Water’s Edge is asking the judge to determine that the Board of Health’s issuance of the condemnation order was improper based on procedural grounds. The judge has asked the parties to file a transcript of the board’s two-hour hearing in August at which the board heard testimony from city officials, representatives from Water’s Edge, and some of the tenants, with the next court date slated for the latter part of October.

Whether the judge invalidates the condemnation order will not affect the tenants’ move from 364 to 388 Ocean Ave., though there could be implications for the rent that is owed to Water’s Edge. Moreover, it is not clear what benefit would accrue to Water’s Edge if the judge were to deem that the Board of Health’s order was deficient (because of staleness or some other procedural issues) because the city no doubt would commence a new condemnation process.

Judge Bagdoian also is presiding over a separate, though related, Receivership proceeding involving 364 Ocean Ave.

How all of those legal matters will play out remains to be seen, but for the former tenants of 364 Ocean Ave., the end of their long road of travails might best be summarized by the adage that is the title of the play by William Shakespeare, “All’s well that ends well.”

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