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BOARD OF HEALTH
CITY HALL
COMPLAINT RECORD
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Date of inspection (J/ 0/7 Time /XI 357/1
INSPECTOR'S REPORT 157 a F ��t-e--- -
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Action Taken
BOARD OF HEALTH
JOHN T. JOYCE,CSairnan
PETER C. KENNY, M.D.
Michael R. Parsons
PETER J. MCERLAIN, Heath Agent
CITY OF NORTHAMPTON
MASSACHUSETTS
OFFICE OF THE
BOARD OF HEALTH
110 MAIN STREET
01060
Tel. mi s:ygicym
586-6950 Ext. 214
ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MIND:UM STANDARDS OF
FITNESS FOR HL?L4H HP.B ITAT_ION" AT Apt. 21B, 72 Barrett St. , Northampton, MA
ORDER ADDRESSED TO:
Nahmud Jafri
J. R. Association
DATE
108 Center Street
Dover,MA 02030
COPIES OF INSPECTION REPORTS ISSUED TO:
Dorothy Congram
August 7, 1987
c/o Brian Devlin
180 Bridge Road
Florence, MA 01060
This is an important legal document. It may affect your rights. You may obtain a translation
of this form at:
Isto e um documento legal muito importante que podera afectar os seus direitcs. Podem adquirir
uma tradusao deste documento de: -
Le suivante est un important document legal. II pourrait effecter vos droits. Vous pouvez
obtenir une traduction de cette forme a:
Questo e un documento legale importance. Potrebbe avere effetto sui suoi diritti. Lei pub
ottenere una traduzione di questo modulo a:
Este es un documento legal importante. Puede que afecte sus derechos. Ud. Puede adquirir
una traduccion de esta forma en:
To jest waine legalny dokument. To mole miec wplyw na twoje uprawnienia. Mozesz uzyskac
ttumaczenie tego dokumentu w oEisie:
Board of Health
210 Main Street
Northampton, Mass.
Tel. Nc. (413) 586-6950 Ext. 214
The Northampton Board of Health has inspected the premises at
Apt. 21B, 72 Barrett St. , Northampton (assessor's map
24B
parcel 73 . ) , for compliance with Chapter II of The State Sanitary Code.
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.
Under authority of Chapter 111, Section 127 of the Mass. General Laws,
and Chapter II of The State Sanitary Code, you are hereby ordered to make a good
faith effort to correct the following violations within twenty-four (24) hours
from the date of receipt of this order.
REGULATION
410.190
VIOLATION REMEDY
Excessive hot water temperature
151°F from bathroom fixtures at
12:45 p.m. on August 7, 1987.
Adjust hot water heater
so that the temperature
at the tap does not
exceed 130°F, per
Chapter II of the
State Sanitary Code.
If you have any questions concerning this notice, please contact the Board of Health
office.
Yours very truly, �-,
Peter J. McErlain
Health Agent
ec
Certified mail P417 860 373
THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN
ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED.
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
this 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 materially 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 money 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 your local code
enforcement agency certifies that there are code violations which endanger or materially impair your health,safety
or wellbeing and your landlord has received 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 a written contract to have them made) within five days
after notice or to completerepairs within 14 days after notice you can use up 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 Chapter 229
Section 2A).
The owner may not increase your rent or evict you in retaliation for making a complaint to your local code
enforcement agency about code violations. If the owner raises your rent or tries to evict within six months after
you have made the complaint he or she will have to show a goad reason for the increase or eviction which is
unrelated to your complaint. You may be able to sue the landlord for damages if he or she tries this.
4. Rent Receivership (General Laws Chapter 1111 Sections 1270-H).
The occupants and/or the board of health may petition the District or Superior Cour to allow rent to be paid
into court rather than to the owner. The court may then appoint a "receiver"who may spend as much of the rent
money as is needed to correct the 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 minimum standards of habitability.
G 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 Mass. Legal Services
584-4034
(NAME)
28 Center Street, Northampton, Mass. 01060
(TELEPHONE NUMBER)
(ADDRESS)
BOARD OF HEALTH
JOHN T.JOYCE.Chairman
PETER C.KENNY.M.D.
MICHAEL R.PARSONS
PETER 1.McERLAIN.Health Agent
August 12, 1987
Brian Devlin
180 Bridge Road
Florence, MA 01060
Dear Mr. Devlin:
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFflCE OF THE
BOARD OF HEALTH
210 MAIN STREET
01060
(4181 586-6950 Ext.213
The following is a summary of the Northampton Board of Health's findings in the
case involving excessive hot water temperature in the apartment of Mrs. Dorothy
Congram, 218 Coachlight Apartments, 72 Barrett Street, Northampton:
August 7, 1987 Inspection of 218 Coachlight Apartments (per the
request of Brian Devlin) by Health Agent Peter
McErlain revealed that the temperature of the hot
water at the tub and bathroom sink taps was 151°F.
August 7, 1987 Informed Mr. Devlin that the temperature was
significantly higher than the maximum of 130°F.
specified in Chapter II State Sanitary Code 105 CMR
410.000, Section 410.190.
August 7, 1987 Informed Mr. Devlin that the Board of Health would
send a notice to the owner/person in charge of the
water heater to adjust the temperature down to 130°F.
August 7, 1987 Efforts to determine the name of the owner Of the
condominium apartment were unsuccessful.
August 10, 1987 Contacted River Run Management which manages the
Coachlight Complex and was informed that the water
heaters are leased from Massachusetts Electric for
each apartment.
August 10, 1987 net with a representative of River Run at Apartment
21B where a subsequent inspection revealed that the
water heater (Mass.0 Electric Tank 620044) thermostats
(2) were set at 150 F. The thermostats were adjusted
to 130°F.
'Brian Devlin
August 12, 1987
Page 2
If you require additional information concerning this matter, please contact
the Board of Health office.
Very truly yours,
Peter J. McErlain
Health Agent
ec
cc: Atty. Geoffrey incite
c/o Vincent & Green