73 Complaint Record Correction Order & Letter 2005/06 •
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HOARD OF HEALTH
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COMPLAINT RECORD
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NATURE OF OMPLAI T:
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INSPECTOR'S REPORT:
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BOARD OF HEALTH OFFICE OF THE
MEMBERS
ROSEMARIE KARPARIS,R.N.,MPH
XANTHI SCRIMGEOUR,MHEd,CHES
JAY FLEITMAN,M.D.
STAFF
Ernest J.Mathieu,R.S.,M.S.,C.H.O.
Director of Public Health
Richard Meczywor,R.S.,Sanitary Inspector
Patricia Abbott,R.N.,Public Health Nurse
Madeline Heon,Clerk
BOARD OF HEALTH
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
212 MAIN STREET
NORTHAMPTON,MA 01060
(413)587-1214
FAX(413)587-1221
ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM
STANDARDS OF FITNESS FOR HUMAN HABITATION"AND/OR MGL, CHAPTER 111, SECTIONS 122
127, ABATEMENT OF NUISANCES AT:
January 5,2005
Hampton Associates Nominee Trust
Attn: Association President
319 Southbridge Street
Auburn, MA 01051
RE: 73 Barrett Street,Apt. #4135-Violations
REASON FOR INSPECTION: Complaint by Tenant
This is an important legal document. It may affect your rights. You may
obtain a translation of this form at:
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adquirir uma trad9ao deste documento de:
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obtenir une traduction de cette forme at
Questo e un documento legate importante. Potrebbe avere effectto sui suoi diritti. Lei pub
ottenere una traduzione di questo modulo a:
Este es un documento legal importante. Puede que afecte sus direchos.
Ud. Puede adquirir una tradccion de esta forma en:
To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczer ie teo
dokumenlu w ofisie:
PAGE 2
Dear Association President;
A representative from the Northampton Board of Health conducted an exterior inspection of your building on.
December 29,2005 at the premises located at Barrett Street,Apt.#4135, Northampton,MA,owned or
operated by you, for compliance with Chapter II of the State Sanitary Code and MGL Chapter 111,
Sections 122-127, Abatement of Nuisances. This letter will certify that the inspections revealed violations
listed below, which are serious enough as to endanger or materially impair the health, safety, and well-being of
the occupants.
VIOLATIONS OF ARTICLE II, 410.000, MINIMUM STANDARDS OF FITNESS FOR HUMAP
HABITATION, AND/OR MGL, CHAPTER 111, SECTION 122-127, ABATEMENT OF
NUISANCES:
LIVING ROOM
.500 Water stains observed on the sheetrock wall in the living room. The wall appears to be wet and
damp in these areas at the time of the inspection. Note: It was raining at the time of the
inspection (3:15 p.m.) and rained most of the day.
ORDER: Find and repair leak. Paint stained area on sheetrock.
PAGE3
EXTERIOR OF DWELLING
.500 Some mortar between the bricks on the outside wall is missing and deteriorating. During
Rainstorms water is possibly coming the brick wall causing the sheetrock in the living room to
get wet.
ORDER: Repair areas between the bricks were is missing and deteriorating. (By
December 30,2005).
*.750 States that one or more of the violations listed above is or may be a Condition which may
materially impair the health or safety and well-being of the occupant as determined by 105
CMR 410.750 of Article II of the State Sanitary Code.
Under authority of ARTICLE II, 105 CMR 410.000,MINIMUM STANDARDS
FOR HUMAN HABITATION AND M.G.L., CHAPTER 111, SECTIONS 122 TO
125, ABATEMENT OF NUISANCES, you are hereby ordered to make a good faith
effort to correct the following violations by JANUARY 30,2005,
OR AS INDICATED IN THE ORDER AND NOTIFY THIS OFFICE AT 587-
1214 WHEN ALL VIOLATIOS ARE CORRECTED.
PAGE 4
IMPORTANT NOTES:
1. OWNER OR MANAGER IS TO CALL ERNEST J.MATHIEU UPON RECIEPT OF THIS
LETTER WITH YOUR INTENTIONS TO COMPLY WITH THIS ORDER AND TO
PROVIDE PHONE NUMBERS THAT YOU CAN BE REACHED AT .
2. PLEASE NOTIFY THIS OFFICE AT 587-1213 WHEN ALL OF THE VIOLATIONS ARE
CORRECTED TO ARRANGE FOR A RE-INSPECTION. IF ALL OF THE VIOLATIONS
ARE NOT FOUND TO BE CORRECTED AT THE TIME OF THE RE-INSPECTION AND
ANOTHER RE-INSPECTION IS REQIRED,THERE WILL BE A $75.00 RE-INSPECTION
FEE FOR EACH RE-INSPECTION REQIRED.
Should you be aggrieved by this order, you have the right to request a hearing before the Board of Health. A request
must be received in writing to the office of the Board of Health within seven (7) days of receipt of this order. At said
hearing, you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why thi
order should be modified or withdrawn. You have the right to be represented by an attorney. You may contact this
office to inspect and obtain copies of all relevant inspection or investigation reports, orders, notices and other
documentary information relative to this property. If these premises are occupied as rental housing, the occupants arc
entitled to their statutory rights and remedies.
Please feel free to contact the Board of Health office, at 587-1214, if you have any questions concerning this matter.
Thank you for your anticipated cooperation in this matter. This inspection report is signed and certified under the pain:
and penalties of perjury.
Sincerely,
Ernest J. Mathieu, R.S., M.S., C.H.O.
Director of Public Health
cc: Regina Brick
73 Barrett Street, Apt. 4135
Northampton, MA 01060
Hampton Associates
C/O Gerald Hughs, Property Manager
73 Barrett Street, Suite 2000
Northampton, MA 01060
(ATTACHMENT)
PAGE 5
THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL REMEDIES.
1. Rent Withholding(General Laws Chapter 239 Section 8A)
If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments. You can do th
without being evicted if:
(A) You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or material
impair your health or safety and that your landlord knew about the violations before you were behind in your rent.
B) You did not cause the violations and they can be repaired while you continue to live in the building.
C) You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this it is best to put the rent mom
aside in a safe place.)
2. Repair and Deduct(General Laws Chapter 111 section 127L)
The law sometimes allows you to use your rent money to make the repairs yourself If our local code enforcement agency certify
that there are code violations which endanger or materially impair your health, safety or well-being and your landlord has receivt
written notice of the violations, you may be able to use this remedy. If the owner fails to begin necessary repairs(or to enter into
written contract to have them made) within five days after notice or to complete repairs within 14 days after notice you can use
to four months' rent in any year to make the repairs.
3. Retaliatory Rent Increases or Evictions Prohibited (General Laws Chapter 186, Section 18 and Chapti
239, Section 2A).
The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agem
about code violations. If the owner raises your rent or tries to evict within six months after you have made the complaint he or sl
will have to show good reason for the increase or eviction, which is unrelated to your complaint. You may be able to sue tl
landlord for damages if he or she tries this.
4. Rent Receivership (General Laws Chapter 111, Sections 127C-H).
The occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into court rather the
to the owner. The court may then appoint a "receiver" who may spend as much of the rent money as is needed to correct ti
violation. The receiver is not subject to a spending limitation of four months' rent.
5. Breach of Warranty of Habitability.
You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet minimu
standards of habitability.
6. Unfair and Deceptive Practices (General Laws Chapter 93A).
Renting an apartment with code violations is a violation of the consumer protection act and
regulations for which you may sue an owner.
THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW. BEFORE YOU DECIDE
TO WITHHOLD YOUR RENT OR TAKE ANY OTHER LEGAL ACTION. IT IS ADVISABLE THAT YOU
CONSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO CONSULT AN ATTORNEY YOU SHOULD
CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS:
WESTERN MASSACHUSETTS LEGAL SERVICES TEL.413-584-4034
20 HAMPTON AVENUE,SUITE 100,NORTHAMPTON,MA 01060
jathaway Farms
ON\HIMIL$ OR-MAW-10N
February 17, 2006
Ernest J. Mathieu,
Director of Public Health
212 Main Street
Northampton, Ma.
01060
Dear Ernest,
This is a follow up to our conversation about a week ago reg.sding a notification of complaint at one of
our apartments, specifically 73 Barrett St. No. 4135. and for which we receive a Notice of Inspection
dated January 5. 2005. The complaint referred to an influx of water ass a result of some loose mortar,
and some subsequent water staining of the living room wall. The cause of the water intrusion was
found to be a piece of mortar missing at the end of the gutter which abuts the masonry from the
adjacent unit(it was hidden by the gutter). During especially heavy rainfalls, the water would probably
spill over end of the gutter into the hole. This is why it was immediately difficult to find the problem. On
or about January 11, 2006. Lentz Masonry repaired the hole. Shortly thereafter, there were very heavy
rainstorms, after which I checked with the occupants of 4135 to see if the problem had been rectified.
They assured me that there were no further problems. The occupant. Mrs. Regina Brick, asked me if
would be O.K. to paint her living room herself, instead of having us do it. as she indicated she wished to
decorate it herself with colors of her choice. Hampton Associates purchased the paint. and Mrs. Brick
painted the living room wall on her own. On or about January 30. 2006 Mrs. Brick Informed that she
had completed the painting, and that everything was all set.
I believe that the problem has been permanently remedied. and if there are any further issues please
feel free to contact me. I have enclosed my business card. Thank you for your cooperation.
Sincerel
Gerard Hughes
Property Manager
Hathaway Farms
Cc Regina Brick
Su nut! t
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