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73 Complaint Record Correction Order & Letter 2005/06 • s , w-4it#0,Erl :i:pr ' PO. qrrik4 ' '$ hv94 'Prc*ffitti44 1,1g.giQ. HOARD OF HEALTH CITY HALL COMPLAINT RECORD Ditto: v /QS IThne• (Map: (Parcel: Name of Complahiant: /,J.' Address: 7 Gilt Tel: .pf� ax cia <' ,/35 NATURE OF OMPLAI T: Location; 73 6 Owner: G; 4ni. '(Address: ` , ♦ l. 6_ ,`il Tel. ��OS 'voila �/ 546i80i Taken by: 7 Data of Inspection:. ! 2/ Z'lot- IThne: iL) I INSPECTOR'S REPORT: l AA- nita 'gag 4-4it - a o111n`� I Mt P Action Taken: Inspector Signature i 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: Isto �urn documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma trad9ao deste documento de: Le suivante est un important document legal. 11 pourrait affectar vos droits. Vous pouvez 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 11A 1111i0 i I A Tel 11.54(.11(.14 Fax 1/4 n ,. .I Voice/11)1)4E4 4n4.4)2( A Email Lalu�c