United States District Court, D. Massachusetts
MEMORANDUM AND ORDER ON PLAINTIFF'S MOTION TO
Dennis Saylor IV, United States District Judge.
an eviction action. Plaintiff Revere Housing Authority has
filed a motion to remand, contending that removal of the case
was untimely and that this court lacks subject-matter
jurisdiction over the case. For the following reasons, the
motion will be granted.
facts are set forth as described in the complaint and
April 24, 2007, Maricel Aparicio entered into a lease
agreement with Revere Housing Authority (“RHA”)
for a federal housing project unit located at 20 Rose Street
in Revere, Massachusetts. (A.R. 13). Aparicio's son,
Jeffrey Aparicio, was listed as the only other
“authorized occupant” of the unit. (A.R. 13).
other things, the lease provided that Aparicio would be
required to “properly complete an Annual Continued
Occupancy Form” that “includ[ed] verification of
all facts contained therein.” (A.R. 15).
February 13, 2015, Dean Harris, the Director for Housing
Management of RHA, sent Aparicio a letter stating that RHA
was “considering terminating [her] lease.” (A.R.
10). The letter listed the following reasons: (1) Aparicio
had “misrepresented facts on the submission of [her]
annual Continued Occupancy Forms . . . in 2014, 2013, 2012
and 2011, ” including the facts that she had
“failed to disclose  income of [her] son” and
had “failed to disclose a significant asset . . . i.e.,
a condominium unit . . . owned by [her] son”; and (2)
because her “son . . . was arrested” and
“charged” with multiple crimes in November 2014,
including four counts of assault with a dangerous weapon and
discharging a firearm within 500 feet of a building.
letter further provided that Aparicio and her son had
violated the following sections of her lease:
Section III. A - To live in a peaceful manner
respecting the rights of neighbors as to privacy and quiet.
Section III.E - To properly complete an Annual
Continued Occupancy Form, including verification of all facts
contained therein; and to return to Management within thirty
(30) days of its receipt.
Section III.F - To report to management within seven
(7) days all increases in income and/or change in the size of
the household, and to pay the adjusted rent as provided
further in this lease.
letter informed Aparicio that Harris had scheduled a
“private conference” at the RHA office for
February 24, 2015, at 10:00 a.m. (Id.). It also
informed her that she had the “right to request”
a “hearing under the grievance procedure” by
submitting a request in writing within five days of the
appears that the conference was held on February 24, 2015.
(A.R. 8). Neither party has provided any details as to what
occurred at the conference.
the February 24 conference, Aparicio apparently next met with
RHA, accompanied by her lawyer, on June 25, 2015. (Tr. at
She contends that did not hear again from RHA until she
received “paperwork to renew her lease” in late
December 2015. (Tr. at 26). She also contends that she filled
out and returned that paperwork to RHA.
January 4, 2016, John L. Greco, the Interim Executive
Director of RHA, sent Aparicio a letter titled “30-DAY
NOTICE TO QUIT/VACATE FOR VIOLATION OF LEASE.” (A.R.
8). The letter stated that the following facts had been
“considered and discussed at the private conference
held on February 24, 2015”:
1. That Aparicio “fraudulent[ly]” failed to
report the fact that her son had “vacat[ed] the
premises because [she] wanted a 2-bedroom unit.”
2. That Aparicio's rent was “based on income,
” and her failure to report her son's income and
assets caused her to have paid less rent than she should
3. That Aparicio or her son had used different social
security numbers and names on the paperwork they submitted to
RHA than on the paperwork they had submitted to her son's
employer, an act that prevented RHA from verifying her
son's income and assets.
(A.R. 8-9). The letter stated that it was “therefore
the intention of [RHA] to continue to pursue termination of
[Aparicio's] tenancy for [the] reasons stated in the
letter dated February 13, 2015.” (A.R. 9). ...