At Issue & In Focus

Regional Spotlight: Western Massachusetts Office

Located in Springfield, the Attorney General’s Western Massachusetts Regional Office (WMAS) includes lawyers, labor inspectors, consumer mediators, civil investigators, Medicaid fraud investigators, administrative staff, and a State Police unit that is familiar with the area and can assist residents with their concerns and questions.   

The Western Massachusetts Regional Office prosecutes cases that affect the region and the state.  This past month, staff from the WMAS of Attorney General Martha Coakley’s Civil Rights Division obtained a final judgment by consent and permanent civil rights injunction against Roman and Jesse Jedrezczyk, for their repeated harassment and intimidation of a Haitian refugee and her daughters in Holyoke.  Criminal Bureau staff in the WMAS office also recently secured indictments against a South Hadley man and a former East Longmeadow man for allegedly not paying taxes on illegally sold cigarettes.  In total, the defendants are accused of defrauding the Commonwealth of nearly $313,000 in excise taxes.  Recently, with the assistance of WMAS Medicaid fraud investigators, the Attorney General’s Medicaid Fraud Division obtained the conviction of a Russell woman for overbilling the state’s Medicaid program, resulting in a restitution payment of $57,000. 

Regional offices also work closely with the community to address areas of specific concern. In order to advance local neighborhood revitalization efforts, the Attorney General’s Abandoned Housing Initiative utilizes staff in the WMAS Regional Office to help communities respond to the increased number of abandoned properties caused by the foreclosure crises. Protecting consumers, particularly the elderly, from scams and identity theft through collaborative education and outreach efforts throughout the region also continues to be a priority for regional staff.  

Please visit the Regional Office section of the AGO website to locate the office in your area.

Discriminatory Ads Know No Hospitality

With more and more renters in the housing market, the prospect of finding an apartment can be daunting for anyone.  For some prospective tenants, navigating the web for rental listings revealed more doors for rental opportunities closed to them than open due to the posting of blatantly discriminatory advertisements that forced them to search elsewhere. 

Recently, the Attorney General’s Office (AGO) reached settlements in 20 cases against landlords and real estate agents in seven counties across the Commonwealth accused of violating state anti-discrimination laws by making discriminatory statements in rental advertisements on the popular website Craigslist.org (Craigslist).  The Attorney General’s Office also filed lawsuits against six other defendants based on similar allegations.  The settlements and lawsuits were the result of a statewide investigation into reports of widespread discriminatory Internet advertising.  Under Massachusetts law, it is illegal to discriminate against someone because the presence of children might trigger a property owner’s duties under the lead paint laws or because someone receives a housing subsidy, such as a Section 8 voucher, to pay for some or all of their rent.
 
In an effort to prevent future discrimination against families with children and against recipients of housing subsides. the AGO is also issuing two advisories to provide information and guidance to tenants, landlords, property owners and real estate companies about housing discrimination laws. 

To prevent this type of blatant discrimination, the Attorney General will continue to monitor Craigslist and hold accountable those who post discriminatory ads.

For additional information on lead paint discrimination and housing discrimination as it pertains to tenants receiving housing subsidies, please visit the Civil Rights section of the Attorney General’s website.

Wash Your Hands

As many in Massachusetts anxiously await the availability of the H1N1 vaccine, there are plenty of simple and common sense ways to protect yourself during the impending flu season.  

Frequently washing your hands is the easiest way to avoid illness this winter. This simple habit will not only keep you germ-free, but will also prevent you from passing germs on to your family and friends

The germs that are passed in routine ways cause illnesses like the common flu, the H12N1 virus and gastrointestinal disorders and contribute to food-borne illnesses like salmonella and E. coli.

When washing your hands, use warm water and soap; lather well and rub your hands vigorously for at least 20 seconds; be sure to focus on cleaning all surfaces, including under fingernails and between fingers; rinse well and be sure to dry your hands with a clean towel

If soap and water are not available to you, the Centers for Disease Control recommend you use an alcohol-based rub or gel to clean your hands.

Always wash your hands before handling food, after coughing or sneezing, after going to the bathroom, after handling garbage or animal waste, and before and after treating a wound.

Visit http://www.mayoclinic.com/health/hand-washing/HQ00407 for more hand washing tips to keep you and your family healthy.

Energy Efficiency Is Now the Mainstream

Energy efficiency is now a mainstream concept and goal that many people, even those who once considered it a luxury, strive to achieve both in their homes and their lives. Whether it’s investing in energy efficient appliances or buying a hybrid vehicle, just about everyone is looking for ways to save in this high priced energy environment.

The Attorney General’s Office has played a significant role in this mainstream movement by working hard to further energy efficiency policies in the Commonwealth. The office has done this by supporting the implementation of cost effective energy efficiency programs, petitioned the federal government to allow Massachusetts to implement more efficient energy standards and policies, and pushed our utilities to achieve more for their customers.

One example of that is on October 2, the Attorney General’s office, in collaboration with the Commonwealth’s Department of Energy, petitioned the federal government to allow Massachusetts to enforce a gas furnace efficiency standard significantly stricter than the federal standard – a move that could save Massachusetts consumers approximately $144 million in heating costs between 2013 and 2030, while cutting greenhouse gas emissions over the same period by approximately 100,000 metric tons.

If the state is granted the waiver, there would be no requirement to replace existing furnaces still in use. The new efficiency standard would apply to new furnace purchases starting in 2013.
 
Another recent example of this move toward greater energy efficiency occurred when the state’s Energy Efficiency Council approved an agreement between the Patrick Administration and Attorney General Martha Coakley to set nation-leading targets for electricity savings from energy efficiency investments.  The targets will serve as the cornerstone of three-year energy efficiency plans that will be presented to the Department of Public Utilities for approval in the coming months.  The approval of unprecedented, yet attainable, electric savings goals and energy efficiency plans will provide customers with the opportunity to reduce consumption, resulting in savings and corresponding reductions in emissions by power plants. 

Don’t Be Left Out in the Cold

It is the end of October and already the first flurries of the season have come and gone. With freezing temperatures lurking, don’t be left out in the cold.
 
Between November 15 and March 15, the Massachusetts Winter Moratorium prevents Massachusetts’ utility companies from shutting off your heating fuel or the service that you need to run your heating system (i.e. a gas furnace with electrical switch.) because of an inability to pay. However, you will still be responsible for payment during this time and charges will continue be applied to your account. The Winter Moratorium applies only to the period of November 15th through March; it does not apply if your service has been shut off prior to November 15th for non-payment.
 
If you are having trouble paying your utility bills there may be some help out there for you. The AGO’s Public Inquiry & Assistance Center may be able to help mediate in the case of a shut off or to help with a payment plan. You can contact the consumer hotline at (617) 727-8400 Monday through Friday from 10 a.m. to 4 p.m. If you can prove a financial hardship, have a child less than 12 months of age, someone in the home has a documented serious illness, or everyone in the home is over the age of 65, the Massachusetts Department of Public Utilities may also be able to take your complaint and provide some assistance. You can contact your local Community Action Program for assistance. 

It was one year ago today…

One year ago today, the Attorney General’s Office entered the blogosphere with the AGO Energy Blog. The original blog was formed as a follow up to four regional AGO sponsored energy forums, when the cost of gas and home heating oil was over the $4/gallon mark in some parts of Massachusetts and there were estimates that crude oil prices could reach up to $150 a barrel. 

The (then) Energy Blog offered an opportunity for communication and problem-solving across Massachusetts, and featured tips to conserve energy, announcements of home heating oil assistance programs, and the like. Over the course of that first year, oil prices steadily decreased and according to the Wall Street Journal, U.S. households will pay 8% less in heating-fuel costs this winter and energy consumption is expected to decline by an average of 2% (Keeping Warm Looks Cheaper This Winter, October 7, 2009). 

In March, 2009, the AGO blog was renamed “At Issue and In Focus” to better reflect an expanding vision of the topics and issues which the blog would feature. Since that time, we have included information for consumer protection, the environment, cyber safety, and, of course, energy.

We continue to be grateful for the contributions of our readers, in the form of questions, comments and blog posts.  If there is anything you would like to see on At Issue and In Focus during the course of the next year, send your suggests and comments to agoblog@state.ma.us and, please, keep reading!

Safe Neighborhoods in Your Community

Since the mid-1990’s, the AGO has worked with neighborhood coalitions around issues of community safety and neighborhood stabilization. Since funding for law enforcement has become harder to obtain, many communities have contacted us asking about our Safe Neighborhood Initiative (SNI) model.

The SNI model was developed to stem violence and improve the quality of life in neighborhoods throughout the Commonwealth. At its simplest, an SNI brings together a coalition of community residents, state and local government offices, law enforcement agencies, and human service organizations to address the immediate needs of the community.

First steps:
A community interested in developing an SNI should begin by identifying those residents, law enforcement officers and social service agencies with a stake in the neighborhood of concern; as well as identify the community’s  most pressing and immediate needs. The AGO model calls for these identified parties to create an SNI advisory council which works together to address the three core principles of coordinated law enforcement:  neighborhood stabilization and prevention, intervention and treatment.

For more information on the AGO’s SNI model visit our website.

Regional Spotlight: Southeastern Massachusetts Regional Office

From the cranberry bogs of Carver to the beautiful beaches of Cape Cod, Southeastern Massachusetts is a region of unprecedented beauty, rich history, boasting a diverse population with wide ranging needs.  The Attorney General’s Office works to meet the needs of all constituents with help from its regional offices. 

Located in New Bedford, the Southeastern Massachusetts Regional Office includes lawyers, labor inspectors, a consumer mediator, a civil and criminal investigator, an insurance mediator, and administrative staff who are all familiar with the area and can assist residents with their concerns and questions.  For example, in October 2009, staff from Attorney General Martha Coakley’s Consumer Protection Division based in the Southeastern Massachusetts office filed a lawsuit against Fit ‘N Fitness Athletic, a Taunton company that took the money of over 100 consumers promising to provide a health club membership.  The club never opened and never returned the money.  The Attorney General’s Office is seeking injunctive relief, consumer restitution and costs of investigation and prosecution of this case. 

Regional offices also work closely with the community to address areas of specific concern.  Earlier this year, the Attorney General’s Office expanded the Abandoned Housing Initiative (AHI) in an effort to help communities respond to the foreclosure crisis.  As part of the expansion, staff members from each regional office will work to locate, repair, and rehabilitate abandoned homes in their area.  Staff members work closely with local officials in Brockton, Fall River, and New Bedford to identify qualifying properties and help pave the way to convert these dangerous buildings and to safe affordable homes.

The Southeastern Massachusetts Office also provides a local place where members of the public may call or walk-in to resolve problems they experience with their wages, insurance, and goods and services they have purchased.  Staff from the office may be able to mediate the dispute in the consumer’s favor. 

Please visit the Regional Office section of the AGO website to locate the office in your area.

Did the Wedding of Your Dreams Become a Nightmare?

Aside from a rainy wedding day, it’s every bride and groom’s worst nightmare; the venue you had scheduled to hold you reception has gone out of business.  You scramble to find a new location for the reception, but what can you do about your deposit?

The first step to take is to call the United States Bankruptcy Court to see if the business has filed for bankruptcy.  If it has, file a claim with the Bankruptcy Court.  Bankruptcy Court allows for an orderly distribution of funds. Secured creditors are paid first, followed by any others who file proof of claims.

If the business has not filed for bankruptcy, you can file a Consumer Complaint  with the AGO.  The Attorney General’s Office can attempt to contact the owner on your behalf and try to come to a mutual resolution of the dispute.  If mediation is unsuccessful and the deposit was under $2,000, the next option is to file in Small Claims Court.  For more information on Small Claims Court you can call the Small Claims Court Advisory Board at 617-497-5690.  If the amount of your deposit is over $2,000, you may want to contact a private attorney.  For assistance finding an attorney, contact the Massachsetts  Bar Lawyer Referral Service at 617-654-0400.

The Attorney General’s Office looks at trends or patterns of behavior.  If the office notices a trend or pattern, we may take action on behalf of the Commonwealth.  

Treat or Trick?

Halloween is right around the corner and in just a few short weeks, ghouls and goblins will roam their neighborhoods looking for treats and playing tricks. The figurehead of the Halloween season, the mighty Jack-O-Lantern, has been the topic of questions posed to the Attorney General’s Office Public Inquiry and Assistance Center.

Can stores charge sales tax on a pumpkin? Generally speaking, if you can eat it, then it is tax exempt. Many things that we use as fall decorations are actually edible including pumpkins, gourds, and corn. However, if the items are clearly for decorative purposes then they may be taxed. Gourds that have been shellacked or pumpkins with faces painted on them may fall in to this category. If the item is considered an ornament or decoration sales tax may be charged. For questions on sales tax you can call the Massachusetts Department of Revenue at (617) 887-6367.

Before you begin decorating this holiday season, you may want to consider a Do-It-Yourself project rather than the ready made route. It may save you some pennies and who knows, it could even be fun!