74 Correction Orders 3/6/84 BOARD OF HEALTH
JOHN T. JOYCE.Chairman
PETER C. KENNY. M.D.
KATHLEEN O'CONNELL, R.N.
PETER J. MLERLAIN, Health Agent
CITY OF NORTHAMPTON
MASSACHUSETTS
OFFICE OF THE
BOARD OF HEALTH
210 MAIN STREET
01060
Tel. 0131)l ti
586-6950 Ext. 214
ORDER To CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF
FITNESS FOR HUNAN HABITATION" AT Apt. 110, 72 Barrett Street, Northampton, MA
ORIIGR A:IURESSEI) 1'0:
I
Edward J. Nickles DATE March 6, 1984
32 Pleasant View Drive
Hatfield, MA 01038
COPLCS of INSPECTION REPORTS ISSUED TO:
Occupant, Apt. 110
72 Barrett Street
Northampton, MA
This is an important legal document. It may affect your rights. You may obtain a translatio
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Board of Health
210 Main Street
Northampton, Mass.
Tel. No. (413) 586-6950 Ext. 214
Thr Northampton Board of Health has inspected the premises at
Apt. 11G, 72 Barrett Street
Northampton (assessor's
parcel 73
map 24B
for compliance with Chapter 1I 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 11 of The State Sanitary Code, you are hereby ordered
to make a good
faith ettort to correct the following violations within twenty-four (24) hours
of receipt of this order.
VIOLATION
tram the date
HECULATION
410.600
A large accumulation of dog droppings
and urine in abandoned apartment ma)
causing an odor problem and a health
hazard.
Thank you for your cooperation in this matter.
Very truly �yours,
�J�
Peter J. McErlain
Health Agent
PJMc lee
Delivered by
Received by
cc: Northampton Police Department
date
date
REMEDY
Clean on and properly
dispose of the waste
materials, sanitize
and deodorize the
apartment.
3j/PV
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 1271.).
The law sometimes allows you to use your rem 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 well-being and your landlord has received written notice of the violations, you may be able to use this remedy. It
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 239
Section 2A).
The owner may not increase your rent or evict you in retaliation for making a complaint to your local ode
enforcement agency about code violations. If the owner raises your rent or tries to evict within six months atter
you have made the complaint he or she will have to show a good 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 127tH).
The occupants and/or the board of health may petition the District or Superior Court 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.
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 Mass. Legal Services 584-4034
(NAME( (TELEPHONE NUMBER/
28 Center Street, Northampton, Mass. 01060
(ADDRESS)