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908 Correction Orders 1995 BOARD OF HEALTH MEMBERS JOHN T.JOYCE,Chairman ANNE BURES,M.D. MICHAEL R.PARSONS,P.E. PETER J.McERLAIN,Health Agent CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 210 MAIN STREET 01060 (413)586-6950 Ext.213 I ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY I CODE "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT: 908 Florence Road, Northampton, MA 01060 DATE: June 30, 1995 ORDER ADDRESSED TO: Elaine Yeskie 17 Fair Street Northampton, MA 01060 COPIES OF REPORT TO: Donna Englaish 908 Florence Road Northampton, MA 01060 This is an important legal document. It may effect your rights. You may obtain a translation of this form at: Isto a urn documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradgao deste documento de: Le suivante est un important document legal. II pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: Questo a un documento legale 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 tradccibn de esta forma en: To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: NORTHAMPTON BOARD OF HEALTH City Hall, 210 Main Sheet Northampton, MA 01060 Tel #: (413) 586 - 6950 x217 The Northampton Board of Health has inspected the premises at 908 Florence Road, Northampton, MA (assessor's map 44 parcel 6 J, 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 Massachusetts 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 FOURTEEN DAYS of the receipt of this order. REGULATION VIOLATION REMEDY 410.351 (1) Pantry (a) Ceiling light fixture and wall switch missing or defective....wiring exposed. (b) Wall electrical outlet not operational. (2) Kitchen (a) Back left stove burner is not operational; Burner switch will not turn On/Off properly. (b) Three electrical outlets installed above counter and left of sink show exposed wiring. (3) Middle Bedroom Electrical wall outlet&coverplate is defective. (4) Left Bedroom 2 electrical outlets are defective, as cords must be jiggled around in order to make contact. (1 thru 4) Repair or replace all missing or damaged electrical fixtures noted in a manner which complies with Electrical Code standards. Repair/replace damaged kitchen burner components. 410.480 & 410.500 Right Bedroom has an interior designed door instaliled where an exterior exit door is required. Also, door will not properly lock. Replace door with an approved exterior door which is weathertight and capable of being properly secured. 410.482 Downstairs smoke detector is not operational. No smoke detector installed for the 2nd floor. Repairlinstall operational smoke detectors for both floor levels. 410.500 & (1) Pantry wall with hole in wall. (1) Repair hole in pantry wall. 410.501 (2) Bathroom with hole in floor in (2) Repair hole in bathroom floor in an corner along the wall/tub juncture point. approved manner. (3) Kitchen window above sink: Prime window missing....existing (3) Install an approved, weathertight, openable/closable/screened window window pane is not weathertight and not openable/screened to allow adequate ventilation when desired. for the kitchen. If you have any questions regarding this abatement order contact the Board of Health office. Very truly yours, David E. Kochan Sanitary Inspector Northampton Board of Health This inspection report is signed and certified under the pains and penalties of perjury. CERTIFIED MAIL# P 076 177 752 HEARING Persons have the right to seek a modification of an order. To accomplish a modification, a person must file in writing a petition for a hearing before the Board of Health. Petitions must be filed on time in accordnace with the regulations below: A. Any person or persons upon whom any order has been served pursuant to any regulation of this code (except for an order issued after the requirements of Regulation 33.2 have been satisfied); provided, such petition must be filed within seven days after the day the ordered was served; B: Any person aggrieved by the failure of any inspector(s) or other personnel of the Board of Health: 1. to inspect upon request any premises as required under this code; provided, such petition must be filed within thirty days after such inspection was requested; or 2. to issue a report on an inspection as required by this code; provided, such petition must be filed within thirty days after the inspection; or 3. upon an inspection to find violations of this Article where such violations are claimed to exist or to certify that a violation or combination of violations may endanger or materially impair the health or safety and well- being of the occupant(s) of the premises; provided, such petition must be filed within thirty days after receipt of the inspection report; or 4. to issue an order as required by Regulation 33.1; provided, that such petition must be filed within thirty days after the receipt of the inspection report. Any person upon whom this order has been served, or any person aggrieved by the failure of the inspector to perform as enumerated above, has the right to be represented at a hearing and any adverse party has a right to appear at said hearing PUBLIC DOCUMENTS All relevant inspection or investigation reports, orders, notices, and other documentary information in the possession of the Board of Health are open for inspection and may be copied for a fee. REMEDIES AND PENALTIES Part of the Inspection Report contains a brief summary of some legal remedies tenants may use in order to get Housing Code violations corrected. Failure to comply with this order also subjects the person ordered to a criminal fine of not less than ten ($10.00) dollars, nor more than five hundred ($500.00) dollars for each day's failure to comply with this order. THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE 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 rent. B. You did not cause the violations and they can be repaired while you continue to live in the building or apartment. C. You arc prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this it is best to pot 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 seriously 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. 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 complete repairs within fourteen days after the notice you can use up to four months' rent in any one 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 the local enforcement agency about code violations. If the owner raises your rent or tries to evict within six months after you have made the complaint Ire 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 tried this. 4. RENT RECEIVERSHIP(GENERAL LAWS CHAPTER 111,SECTIONS C- 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 than to the owner. The court may appoint a "receiver"who may spend as much of the rent money as is needed to correct the violation(s). The receiver is not subject to a spending limitation of four months' rent. 5. BREACH OF WARRANTY OR 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 human habitability. 6. UNFAIR AND DECEPTIVE PRACTICES(GENERAL LAWS CHAPTER 93A) Renting an apartment with code violations is a violation of the Consumer Protection Regulations for which you may sue an owner. THE INFORMATION PRESENTED ABOVE IS JUST A SUMMARY OF THE LAW. BEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAKE OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. TT YOU CANNOT AFFORD AT ATTORNEY, YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS: WESTERN MASSACHUSETTS LEGAL SERVICES 584 - 4034 20 HAMPTON AVENUE, SUITE 100. NORTHAMPTON, MA 01060