One of Harvard's newest tenants, Fastnet Foreign Motors, an Allston-based business, has filed suit against both the University and Beal Companies, alleging that they failed to address health, safety and building code violations at the 100 Windom St. property the company occupies.

Sal's Auto Body, another tenant at the Windom St. property is also considering legal action, citing experiences similar to Fastnet's--unanswered requests for repairs and permits, according to the company's attorney.

Fastnet's property suffers from problems including sewage backing up in the drain, rat-infestation in the walls and also contains a structurally unsound fire wall and storage loft, charges the suit. The complaint alleges that repeated requests for Beal, the property managers, to fix the violations and to secure proper permits for the space have gone unanswered.

Boston's Department of Inspectional Services has recorded a number of violations at the 100 Windom St. property. According to Inspectional Services, a citation for unsafe and dangerous interior structures remains open. The city is currently in court with Beal regarding other violations on the same property which include the lack of second exitways in tenant spaces, insufficient emergency lighting and the lack of proper fire walls between units.

"The majority of issues [in the suit] are concerning conditions at this location a year ago. It is our understanding that Beal has been making a good faith effort to rectify those conditions," said Joseph G. Wrinn Jr., a University spokesperson. Harvard did not assume ownership of the property until this June.

The 100 Windom St. property is part of the more than 52.6 acres of land that the University revealed it had secretly purchased through Beal Companies over the last nine years in Allston.

Although a number of Fastnet's complaints about the building's condition have been addressed including the recent construction of a new roof, owner Tony O'Baoill said he intends to relocate because "there's no future here."

"When it broke in the paper that Harvard was the owner, for us that was our answer as to why none of the problems we had were dealt with," he said.

O'Baoill said he believes the reason for Beal's poor maintenance was that the University plans to develop the property.

Wrinn said he disagreed with O'Baoill's assessment noting that Harvard has no plans for any of its recently acquired acreage in Allston and was unaware of Fastnet's lawsuit until last week.

At present, the fire wall in Fastnet's unit, which according to O'Baoill was built to subdivide the space prior to his tenancy, is still cracked and bowed out. A gap which exists where the wall does not meet the ceiling is patched with plywood and insulation. According to O'Baoill, the wall did not seal with the underside of the ceiling even before a March 1996 fire left it structurally unsound.

O'Baoill is also suing to recoup damages he suffered from the fire which occurred in the adjacent space, he said.

"The breaking point was in June," Fastnet's attorney John Pollets said. "Tony called and said there were maggots on his desk. Rats were rotting in the ceiling and the maggots were dropping from there." Fastnet's lawsuit calls for trebled damages to be paid to the company for these conditions.

Harvard and Beal, which continues to manage the property for the University, had previously filed their own suit to evict Fastnet for unpaid rent.

"Fastnet has withheld substantial rent and we have filed a claim to remove them," said Beal's senior vice president Peter B. Nichols, who is responsible for the 100 Windom St. property.

Spokespersons for both Beal and Harvard have said they consider O'Baoill's filing a "counter suit."