Petition to Stop Fraudulent 3rd Party Utility Billing Charges

This Petition seeks to remove, disband, and replace the third party gas metering systems at 4001 Clarks Lane, known as Yes Energy Management (formerly EBS Billing Systems) in the Bristol House Apartments; formerly the Bristol Apartments, etc. all, attached to each rental unit, and causing residents financial distress.

Since 2009 residents have complained of being billed fraudulent gas charges in upwards of $771 a month. (No furnace bill should exceed up to an approximated $25 per month when a tenant “actually” uses the furnace to heat said apartment doing winter months.) In every rental lease (in the back of the lease titled, “Addendum To Rental Agreement (Utilities), page three, last paragraph it states: “In the event resident fails to make any utility payment for which Resident is responsible for or to reimburse Agent for Gas Charges, then the amount thereof, in the discretion of the agent, if paid by the Agent, may be added to and deemed part of the rent due. Page 2 states, “Resident shall reimburse Agent, on a monthly basis and as additional rent...”.

These clauses, through contradictory to each other, places each resident in an unfair, unreasonable, and unlawful position when they are charged excessive Utility charges that exceed his or her actual gas usage. These clauses are used to “lawfully steal” from Residents by using “ineffective and/or fake” metering systems to manipulate the true amount/value of the utility usage/charges (especially the furnace portion of the bill), that each tenant uses. In addition, it prevents residents from getting public assistance for utility bills, causing the sick and the elderly to forfeit vital medical attention and medicines needed for his, her or a child’s health, reduces food and other necessities allowances, causes embarrassment of having of receiving a court notice and having to go to court, placing their families in jeopardy of being evicted (utility charges are taken out of “current” rent paid causing the rent to be deemed as late, and in jeopardy of the “Right of Redemption” rule (4 times or more late in a 12 month period a tenant can be evicted) when a tenant struggles to pay these outlandish charges, while waiting for the bill to be corrected or credited. Also, including, but not limited to the dangerous issue of Renters fear of turning on the heat when it is extremely cold to avoid receiving an excessive/fraudulent gas heating charge, purchasing dangerous portable heating equipment or using the stove and stove top as a source of heat.

Suggested solution: Demand that owners of rental properties provide “separate” GAS meters for each residential unit as with the electric, restrict gas charges from being allowed to be added to or deemed as rent, and refund the total amount each resident was over charged form the date of installation of these third-party gas meters. This petition will be given to every local, state, federal agency, court system, high powered attorney, and investigative news reporter that are affiliated and/or involved with the resolve /removal of this fraudulent gas metering system.

Update: As of February 22, 2016, in Maryland, becuase of Felicia A. Lockett vs Blue Ocean Bristol, LLC in 2015, becuase of an Appeal Court Discussion, Landlords can no longer use utility charges to evict a tenant. (Court of Appeal for Maryland/No. 29, Sept. Term, 2015.)

As of July 1, 2018, there were "Bill Changes From 2018 General Assembly Session" in regards to Multi-Family Dwellings; Bill #HB 1073/SB468 (Landlord and Tenant-Residential Leases-Water and Sewer Bills); Bill#HB1491 (Utility Submetering-Multiple Occupancy Buildings; Bill# HB218 (Price George's County-Utility Services-Master Meters PG 429-18); and Bill: HB 1553/SB826 (Landlord and Tenant-False Representation and Unlawful Evictions

As of July 20, 2018, ALL past and current residents of Blue Ocean Realty, LLC was said to have received the LaTonia Curtis, ET, AL., vs Blue Ocean Realty, LLC notice (by mail) that described the lawsuit as, "All persons who are or were tenants in a residential rental property (from December 13, 2013 to present) managed by defendant Blue Ocean Realty, llc., in Maryland and who were (1) Charged or paid fees in excess of the Permissible 5% Late Fees allowed by Mary;land Law and/or (II) Charged or Paid Court Costs and Agent Fees in Connection with Failure to Pay Rent Actions or Eviction Proceedings)"

HOWEVER, there is A CLAUSE that many will not notice or notice what it mean. WHAT YOU NEED TO KNOW:

1, If you have received illegal late fees, court fees, and/or other associated fees referenced in this lawsuit, know that NOT opting out of this lawsuit IN WRITING, as noted on Page 2 Paragraph 2, mean that “...In return, and as set forth in more detail in the Settlement Agreement, Plaintiffs, the Settlement Class, including each member of the Settlement Class, shall release Blue Ocean from any claims, potential claims, or liability arising out of or related to the matters alleged in the Lawsuit, including the calculation and billing of charges or fees related to utilities, court costs, and agent fees.

2. What this means is that IF YOU stay apart of this lawsuit, you will be know as part of the “Settlement Class” and YOU WILL LOSE YOUR RIGHT to file any lawsuit or TO JOIN ANY OTHER CLASS ACTION LAWSUITS involving third-party electric, water and gas billings that you have received and have been complaining about regarding the excessive and/or fraudulent charges that have ben issued to you as a Blue Ocean Realty, LLC resident under any of their trade names, such as Blue Ocean Bristol, LLC and possibly Zed Investment Group LLC and Kinder Clarks LLC. Even though you have NEVER received a Late Fee, Failure to Pay Rent court fee, etc., if YOU RECEIVED THIS LETTER, YOU ARE part of the Settlement Class and Page 2, Paragraph 2 STILL APPLIES TO YOU!!!!

3.Know that, if you choose to OPT OUT of this lawsuit, you can still go after the FEES noted in the lawsuit based on the late/delinquent notices you received, account ledgers you have, your receipts, bank statement, and court notices, you can prove the fees are due you. You may have to pay a small filing fee, however, you can asked the Court in your filing to require that the ‘defendant’ reimburse those fees back to you. As we know, most of you are still on a Blue Ocean Realty, LLC lease, and also know that because your lease was Automatically renewed at the same rental rate and water charge, if you have been asked by anyone to sign a new lease “after-the-fact”, know that it is illegal and you have THE RIGHT to refuse without penalty. Such asking must be done, in writing, 60 days before your lease expires.

Last, if you want to be able to recoup any overcharges, excessive or fraudulent charges for ALL 3-Party utility billings you received for months/years, OPT OUT OF THIS LAWSUIT immediately in writing, via certified receipt mailing to the address listed on Page 2, Paragraph 5 of the lawsuit document you receive. It you do not, you will lose your right when the opportunity comes.